[2019] KEELC 1243 (KLR)
The court found that the plaintiff had proved her case on a balance of probabilities by producing a certified copy of her title deed, which established her as the absolute proprietor of the suit land. The defendant, having failed to enter appearance or file a defence despite being duly served, did not contest the...
Source-derived case information.
- Citation
- [2019] KEELC 1243 (KLR)
- Parties
- Plaintiff: Naomi Kitur Rono; Defendant: James Paskwony
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 16 of 2019
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff as prayed in the plaint.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Disputes, Trespass, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Kitur Rono
Plaintiff
James Paskwony
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the absolute proprietor of land title No. West Pokot/Siyoi ‘A’/4302.
- 2 Whether the defendant is a trespasser on the suit land.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff had proved her case on a balance of probabilities by producing a certified copy of her title deed, which established her as the absolute proprietor of the suit land. The defendant, having failed to enter appearance or file a defence despite being duly served, did not contest the plaintiff's claim. The court held that the plaintiff was entitled to a declaration of ownership and an order of eviction against the defendant, as the evidence showed the defendant was a trespasser with no legal right to occupy the land.
Court Disposition
Judgment for the plaintiff as prayed in the plaint.
Orders
- A declaration that the plaintiff is the absolute proprietor of the suit land and the defendant is a trespasser thereon.
- An order of eviction against the defendant, his agents, servants, and all persons claiming through him from the suit land.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 16 OF 2019
NAOMI KITUR RONO......PLAINTIFF
VERSUS
JAMES PASKWONY.......DEFENDANT
JUDGMENT
1. By a plaint dated 15/2/2019 and filed in court on 20/2/2019 the plaintiff sought the following orders against the defendant:-
a. A declaration that the plaintiff is the absolute proprietor of the suit land and that the defendant is a trespasser thereon.
b. An order of eviction that the defendant, his agents, servants and all persons claiming through the defendant from the suit land.
c. The cost of the suit.
d. Any other relief which this court may deem fit and just to grant.
2. The plaintiff’s claim is that she is the absolute registered proprietor of land title No. West Pokot/Siyoi ‘A’/4302 measuring approximately 0. 209 Hectares upon which the defendant has encroached, claiming ownership of the entire suit land without colour of right. Despite demand the defendant has refused to vacate the suit land.
3. This suit proceeded ex-parte when the defendant failed to file appearance or defence after being served with summons as evidenced by the affidavit of service of Jackson Nyongesa, Simiyu, Court Process Server, sworn on 27/3/2019. At the hearing the plaintiff produced a certified copy of her title for West Pokot/Siyoi ‘A’/4302. The same was issued on 19/4/2013 and bears her sole name and identity card number.
4. As the plaintiff’s case is unopposed I hereby grant judgment in her favour against the defendant as prayed in paragraphs (a) (b) and(c) of the plaint.
Dated, signed and deliveredatKitale on this 24th day of October, 2019.
MWANGI NJOROGE
JUDGE
24/10/2019
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Bisonga for the plaintiff
N/A for the defendant
COURT
Judgment read in open court.
MWANGI NJOROGE
JUDGE
24/10/2019