[2023] KEELC 736 (KLR)
The court found that the plaintiff had proved her case by producing a valid title deed for LR Kajiado/Kitengela/33569, establishing her as the registered owner. The defendant failed to attend trial or provide evidence to support his counterclaim of purchase from third parties. The court relied on its earlier...
Source-derived case information.
- Citation
- [2023] KEELC 736 (KLR)
- Parties
- Plaintiff: Lucy Wairimu Njogu; Defendant: Amos Macharia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 576 of 2017
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Plaintiff's claim allowed in full.
- Judges
- MN Gicheru
- Legal Topics
- Eviction, Trespass, Ownership Dispute, Injunctions, Mesne Profits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wairimu Njogu
Plaintiff
Amos Macharia
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered owner of LR Kajiado/Kitengela/33569.
- 2 Whether the defendant unlawfully occupied and trespassed on the suit property.
- 3 Whether the plaintiff is entitled to eviction, permanent injunction, general damages for trespass, mesne profits, and costs.
Ratio Decidendi
The court found that the plaintiff had proved her case by producing a valid title deed for LR Kajiado/Kitengela/33569, establishing her as the registered owner. The defendant failed to attend trial or provide evidence to support his counterclaim of purchase from third parties. The court relied on its earlier judgment in ELC Case No 575 of 2017, which addressed identical facts and parties, and held that the plaintiff was entitled to all the reliefs sought, including eviction, injunction, damages for trespass, mesne profits, and costs. The defendant's occupation was unlawful, and the plaintiff's proprietary rights were to be protected.
Court Disposition
Plaintiff's claim allowed in full.
Orders
- Eviction order against the defendant from LR Kajiado/Kitengela/33569.
- Permanent injunction restraining the defendant from interfering with the plaintiff's enjoyment and ownership of the suit property.
Full Case Text
Judgment text and source record
21 paragraphs
Njogu v Macharia (Environment & Land Case 576 of 2017) [2023] KEELC 736 (KLR) (15 February 2023) (Judgment)
Neutral citation: [2023] KEELC 736 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 576 of 2017
MN Gicheru, J
February 15, 2023
Between
Lucy Wairimu Njogu
Plaintiff
and
Amos Macharia
Defendant
Judgment
1. The plaintiff’s claim against the defendants is as follows.a.Eviction order against the Defendant from LR Kajiado/Kitengela/33569. b.A permanent injunction against the Defendant restraining him from interfering with the peaceable enjoyment and ownership of the suit property.c.General damages from trespass.d.Mesne profits.e.Costs of this suit and interest thereon.f.Any other relief as the court may deem fit and just to grant.
2. The Plaintiff’s case is as follows. She is the registered owner of the suit land which was subdivided from Kajiado/Kitengela/12922 which was owned by Kuira Mbunyi. Soon after obtaining the title deed for the suit land, the Plaintiff took possession of it and fenced it with barbed wire all round.In the year 2015, the Defendant invaded the land and occupied it even though he had no documents of ownership. He was supported by Moses Kirruti and his wife Grace Waithira who were together with a hostile mob.
3. In support of her case, the Plaintiff filed a copy of title deed for the suit. It is dated October 26, 2010 and the approximate area of the land is 2. 02 hectares.
4. The Defendant through his counsel on record filed a written statement of defence in which he denies that the Plaintiff is the registered owner of the suit land.The defence which is dated 28/2/2019 contains a counterclaim whereby the Defendant claims to have bought the suit land from Moses Kirruti Lempaso and Grace Waithira Kirruti among other averments.He filed a written statement dated 28/2/2019 and nothing more.
5. At the trial, only the Plaintiff testified. The Defendant did not attend even though he was accorded every opportunity to testify.
6. On June 23, 2022, I delivered a judgment in ELC Case No 575 of 2017 between Grace Wangari Bunyi v Moses Kirruti Lepaso and others. This case is based on the same facts as Case No 575 of 2017. In fact the judgment is that case specifically mentions the suit parcel in this case.There is no need for me to repeat what I have said in Case No 575/2017 in this case. I order that the judgement in that case applies to this case. In effect, all the prayers in paragraph 1 above are allowed.It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 15THDAY OF FEBRUARY, 2023. MN GICHERUJUDGE