[2013] KEHC 3473 (KLR)

Parties

Procedural Posture

Environmental and Land Case / Judgment

Legal Issues

1. 1 Whether the plaintiff is the lawful owner of land parcel Kakamega/Luandeti/910 entitled to orders of eviction against the defendant.
2. 2 Whether the defendant was a trespasser at the time of constructing on the suit land.
3. 3 Whether the plaintiff has proved his case to the required legal standard.

Ratio Decidendi

The court found that although the plaintiff became the registered owner of the suit land in October 2011, the defendant had constructed his house on the land in 2009, prior to the plaintiff's registration. Therefore, at the time of the alleged trespass, the plaintiff was not the registered owner and could not treat the defendant as a trespasser. However, since the defendant did not defend the suit and the plaintiff is now the registered owner, the court allowed the suit for eviction but made no order as to costs. The defendant was granted 90 days from service of the eviction order to vacate, failing which the plaintiff may evict him using lawful means.

Court Disposition

Plaintiff's suit allowed; eviction order granted; no order as to costs.

Orders

• The defendant is granted 90 days from the date of service of the eviction order to vacate land parcel Kakamega/Luandeti/910.
• In default of compliance, the plaintiff is at liberty to forcefully evict the defendant from the suit land using lawful means.