[2017] KEELC 3841 (KLR)
The court found that the defendant, Samuel Mayaka, provided credible documentary evidence, including receipts from the City Council of Nairobi and a map from the Director of Housing and Development, establishing his ownership of Plot No. R96 Kayole Riverside North. The plaintiff withdrew her suit and did not contest...
Source-derived case information.
- Citation
- [2017] KEELC 3841 (KLR)
- Parties
- Plaintiff: Naomi Mugure Wachira; Defendant: Samuel Mayaka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 885 of 2012
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Judgment for the defendant on the counterclaim; plaintiff's suit withdrawn with costs to the defendant.
- Legal Topics
- Ownership Disputes, Trespass, Permanent Injunction, Declaration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Naomi Mugure Wachira
Plaintiff
Samuel Mayaka
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff or the defendant is the rightful owner of the disputed plot.
- 2 Whether the defendant is entitled to a permanent injunction restraining the plaintiff from interfering with the suit property.
- 3 Whether the defendant is entitled to a declaration of ownership of Plot No. R96 Kayole Riverside North.
Ratio Decidendi
The court found that the defendant, Samuel Mayaka, provided credible documentary evidence, including receipts from the City Council of Nairobi and a map from the Director of Housing and Development, establishing his ownership of Plot No. R96 Kayole Riverside North. The plaintiff withdrew her suit and did not contest the counterclaim, leaving the defendant's evidence unchallenged. The court held that the defendant had proved his counterclaim on a balance of probabilities and was entitled to a permanent injunction restraining the plaintiff from interfering with the suit property, as well as a declaration of ownership. The plaintiff's suit was marked as withdrawn with costs to the defendant.
Court Disposition
Judgment for the defendant on the counterclaim; plaintiff's suit withdrawn with costs to the defendant.
Orders
- Plaintiff’s suit as against the defendant is marked as withdrawn with costs to the defendant.
- A permanent injunction is issued restraining the plaintiff and any persons claiming through her from interfering with the defendant's quiet and peaceful possession of Plot No. R96 Kayole Riverside North.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT NAIROBI
ELC NO. 885 OF 2012
NAOMI MUGURE WACHIRA …........ PLAINTIFF
VERSUS
SAMUEL MAYAKA ….................... DEFENDANT
JUDGMENT
Plaintiff filed the plaint on 23/11/12 averring that she is the registered owner of plot No. F 209 Kayole River Side Resettlement Scheme. She avers that Defendant unlawfully entered the said plot in January 2011, and has continued to trespass upon the plot. She prays for:
a. A permanent injunction restraining the Defendant his agents and/or servants from trespassing on plot No. F 209 Kayole Riverside Resettlement Scheme, carrying on any developments thereon and/or in any other manner whatsoever interfering with the plaintiff’s quiet and peaceful possession of the said plot.
b. General for trespass..
c. Costs of this suit
A statement of defence was filed along with a Counterclaim on 18/10/14 whereby Defendant claims to be the rightful owner of the plot. His prayer are as follows:-
a. A permanent injunction be issued against the plaintiff, his servants, employees and or any other person(s) claiming through the plaintiff from damaging, trespassing, entering, claiming, alienating and or interfering in any manner whatsoever with the defendants quiet and peaceful possession of Plot No.R96 Kayole Riverside North.
b. A declaration that the Defendant is the rightful owner of Plot R96 Kayole Riverside North.
c. Costs of the suit.
When the matter came up for hearing on 22/5/12, Counsel for the plaintiff, Mwangi Irungu withdrew the case of plaintiff as against the Defendant. He also opted not to defend the claim for the defendant. The counter claim hence proceeded as ex-parte proceedings. Samuel Mayaka, the Defendant herein testified and relied on his statement filed on 15/4/2015, as well as the list of documents dated filed same date. He produced the said documents as Exhibits 1-8.
I find that Defendant has given a plausible account of how he came to be the owner of the suit land. His documents especially the receipts in marked as Exhibit 2 reveals that he is recognized by the City Council of Nairobi (now County Government of Nairobi) as owner of the plot No. R96. He also produced a map of the area where the director of Housing and Development (Exhibit 6) clarifies that the map has no allotee by the number F 209 but that Defendant is the owner of plot R 96.
I therefore find that Defendant has proved his counter claim. I enter judgment for Defendant against the plaintiff in terms of the following:
1. Plaintiff’s suit as against the Defendant is marked as withdrawn but with cost to Defendant.
2. A permanent injunction is hereby issued against the plaintiff, his servants, employees and or any other person(s) claiming through the plaintiff from damaging, trespassing, entering, claiming, alienating and or interfering in any manner whatsoever with the defendants quiet and peaceful possession of Plot No.R96 Kayole Riverside North.
3. A declaration is hereby issued to the effect that defendant is the rightful owner of Plot no. R96 Kayole Riverside North.
DATED SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER 2017
HON. L.N. MBUGUA
ELC JUDGE
IN THE PRESENCE OF:-
Wanjala H/B for Irungu Mwangi for Plaintiff
Mumia H/B for Osoro for Defendant