[2013] KEHC 4464 (KLR)
The court found that the plaintiff had followed all legal procedures in acquiring the suit land, including obtaining the necessary consents and title deed. The plaintiff's evidence was unchallenged as the defendants did not file any defence or appear in court. As the registered owner, the plaintiff is entitled to...
Source-derived case information.
- Citation
- [2013] KEHC 4464 (KLR)
- Parties
- Plaintiff: Nathan Barasa Watila; Defendant: Wekesa Sangura; Defendant: Alex Barasa; Defendant: Geoffrey Wanyonyi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Case 108 of 2010
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiff's case allowed. Permanent injunction and eviction orders granted.
- Legal Topics
- Title Deed Ownership, Eviction Orders, Permanent Injunction, Land Transfer Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nathan Barasa Watila
Plaintiff
Wekesa Sangura
Defendant
Alex Barasa
Defendant
Geoffrey Wanyonyi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff lawfully acquired title to land parcel E. Bukusu/N. Nalondo/2218.
- 2 Whether the plaintiff is entitled to a permanent injunction restraining the defendants from interfering with the suit land.
- 3 Whether the plaintiff is entitled to eviction orders against the defendants.
Ratio Decidendi
The court found that the plaintiff had followed all legal procedures in acquiring the suit land, including obtaining the necessary consents and title deed. The plaintiff's evidence was unchallenged as the defendants did not file any defence or appear in court. As the registered owner, the plaintiff is entitled to exclusive possession and enjoyment of the land. The court therefore granted the plaintiff's prayers for eviction of the defendants and a permanent injunction restraining them from interfering with the land.
Court Disposition
Plaintiff's case allowed. Permanent injunction and eviction orders granted.
Orders
- Defendants to vacate the suit land within ninety (90) days.
- In default, the plaintiff is at liberty to evict the defendants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Bungoma
Civil Case 108 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
NATHAN BARASA WATILA ………………………..…………….. PLAINTIFF
VERSUS
WEKESA SANGURA
ALEX BARASA
GEOFFREY WANYONYI ……………………………………. .DEFENDANTS
JUDGMENT
The plaintiff filed his claim in court on 25th October 2010 seeking orders of permanent injunction against the defendants and eviction orders.
The matter proceeded to hearing before me on 11th February 2013. There were no papers filed by the defendants to challenge the plaintiff’s suit. The plaintiff obtained interlocutory judgment on 24th November 2010.
The request for interlocutory judgment was accompanied with an affidavit of service. The affidavit of service was filed on 22nd November 2010 and it indicated the defendants were served on 2nd November 2010.
During the trial, the plaintiff produced documents to explain how he acquired the suit parcel of land. He produced a sale agreement, letters of consent to sub-divide and to transfer land, signed transfer form and title deed issued in his names. The plaintiff adduced evidence that he paid fully for the land and proceeded to get himself a title deed after following the laid down process. This court finds the plaintiff followed the law in acquiring the title deed of the land parcel E. Bukusu/N. Nalondo/2218 and therefore entitled to enjoy fully the rights conferred to him by law as registered owner of land.
The plaintiff’s case is therefore allowed. The defendants are given Ninety (90) days within which to voluntarily vacate the suit land. In default, the plaintiff be at liberty to evict the defendants. Thereafter a permanent injunction be and is hereby issued restraining the defendants jointly and severally by themselves or persons claiming through them from interfering with the plaintiffs peaceful user and enjoyment of land parcel E. Bukusu/N. Nalondo/2218.
I make no orders as to costs.
JUDGMENT DATED, SIGNED, READ AND DELIVEREDin open court this 28th day of MARCH 2013
A. OMOLLO
JUDGE.
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