[2009] KEHC 1043 (KLR)
The plaintiffs produced credible and uncontested evidence that they are the first registered owners of the suit land, as evidenced by the title document issued under the Registered Land Act. The law provides that such title is absolute and indefeasible. The defendants failed to enter appearance or file a defence,...
Source-derived case information.
- Citation
- [2009] KEHC 1043 (KLR)
- Parties
- Plaintiff: Moses Munywoki Mwendwa; Plaintiff: Joyce Mueni Kaswii; Defendant: John Mutua Muasya; Defendant: Julius Nyelele
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 111 of 2006
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiffs' suit allowed as prayed. No order as to costs.
- Legal Topics
- Land Ownership, Trespass, Injunctions, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Munywoki Mwendwa
Plaintiff
Joyce Mueni Kaswii
Plaintiff
John Mutua Muasya
Defendant
Julius Nyelele
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiffs are the registered proprietors of the suit land and entitled to exclusive possession.
- 2 Whether the defendants unlawfully trespassed onto the plaintiffs' land.
- 3 Whether the plaintiffs are entitled to an order of eviction and a permanent injunction against the defendants.
Ratio Decidendi
The plaintiffs produced credible and uncontested evidence that they are the first registered owners of the suit land, as evidenced by the title document issued under the Registered Land Act. The law provides that such title is absolute and indefeasible. The defendants failed to enter appearance or file a defence, and the evidence of trespass and waste by the defendants stands unchallenged. The court found that the plaintiffs are entitled to the orders sought, including eviction of the defendants and a permanent injunction restraining them from entering, encroaching, or remaining on the land. No order as to costs was made due to the suit being undefended.
Court Disposition
Plaintiffs' suit allowed as prayed. No order as to costs.
Orders
- Defendants to vacate Ukia/Mukuyuni/1758.
- Defendants permanently restrained by injunction from entering, encroaching, or remaining on the land.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Civil Case 111 of 2006
MOSES MUNYWOKI MWENDWA ……………….. 1ST PLAINTIFF/RESPONDENT
JOYCE MUENI KASWII ……………………………. 2ND PLAINTIFF/RESPONDENT
VERSUS
JOHN MUTUA MUASYA ……………………………. 1ST DEFENDANT/APPLICANT
JULIUS NYELELE ……………………………………. 2ND DEFENDANT/APPLICANT
JUDGMENT
1. In the Amended Plaint dated 30/11/2006, the Plaintiffs aver that they are the registered proprietors of title No. Ukia/Mukuyuni/1758 and that the Defendants intentionally, wrongfully and unlawfully entered and trespassed into that parcel of land and have committed acts of waste thereon by cultivating and tilling the land. They seek orders that the Defendants do vacate the suit land and that they should be permanently ordered by an injunction not to enter, encroach or remain on the land.
2. I have heard the oral evidence of Moses Munywoki Mwendwa. I have also seen the title document issued on 12/8/2008 under the provisions of the Registered Land Act. They are the first registered owners of the land and under Section 27 and Section 28 of the Act that title is indefeasible and is also absolute.
3. Under Section 75 of the Constitution the right to free property is protected and deprivation of such property is deplored and outlawed.
4. In this case, the Defendants failed to enter appearance and filed no defence.
5. The evidence before me is uncontested and is credible. I will therefore allow the prayers in the plaint as prayed and since the suit is undefended, I shall make no order as to costs.
6. Orders accordingly.
Dated and delivered at Machakos this 10thday of November2009.
ISAAC LENAOLA
JUDGE
In presence of: Mrs Isika for Plaintiff
ISAAC LENAOLA
JUDGE