[2019] KEELC 1144 (KLR)
The court found that the plaintiff had produced documentary evidence, including a title deed, official search, and green card, all confirming his registration as the owner of Trans Mara/Kimintet/490. The defendant, having been served but failing to appear or defend, did not challenge the plaintiff's evidence or...
Source-derived case information.
- Citation
- [2019] KEELC 1144 (KLR)
- Parties
- Plaintiff: Ntara Ole Oloibor; Defendant: Musana Ole Masoi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2019
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- MN Kullow
- Legal Topics
- Ownership Dispute, Eviction, Permanent Injunction, Trespass, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ntara Ole Oloibor
Plaintiff
Musana Ole Masoi
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the sole, absolute and exclusive owner of land parcel Trans Mara/Kimintet/490.
- 2 Whether the defendant has any legal interest in the suit land.
- 3 Whether the plaintiff is entitled to a permanent injunction and eviction orders against the defendant.
Ratio Decidendi
The court found that the plaintiff had produced documentary evidence, including a title deed, official search, and green card, all confirming his registration as the owner of Trans Mara/Kimintet/490. The defendant, having been served but failing to appear or defend, did not challenge the plaintiff's evidence or claims. The court accepted the plaintiff's account that the defendant's occupation was permissive and temporary, and that the defendant had since been assisted to acquire alternative land. There was no evidence of any legal or equitable interest held by the defendant in the suit land. On the balance of probabilities, the plaintiff established his entitlement to the reliefs sought....
Court Disposition
judgment for the plaintiff
Orders
- A declaration is issued that the plaintiff is the absolute owner of land parcel No. Trans Mara/Kimintet/490.
- A permanent injunction is issued restraining the defendant from trespassing and interfering with the plaintiff’s activities and occupation in the suit land.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CASE NO. 28 OF 2019
NTARA OLE OLOIBOR..............................................................PLAINTIFF
-VERSUS-
MUSANA OLE MASOI..............................................................DEFENDANT
JUDGEMENT
By a Plaint dated 6th May, 2019 the Plaintiff had sought for a declaration that he is the sole, absolute and exclusive owner and proprietor of the suit land known as Trans Mara/Kimintet/490, a permanent injunction restraining the Defendant, his servants, agents from trespassing or interfering with the suit land and/or expanding their occupation over LR Trans Mara/Kimintet/490, an order of eviction and costs of the suit.
The Plaintiff contends that he is the registered owner of the suit land and sometimes in the year 2000, the defendant had entered into the land with the permission of the plaintiff to seek for temporary refuge together with his mother as they were landless and when the mother died he allowed the Defendant to bury the deceased on the land and later assisted the Defendant to acquire another parcel of land being Trans Mara/Nkararo/807.
The Plaintiff claims that the Defendant has no interest in the suit land. The Defendant though served with the Plaint he never entered appearance nor file any defence and hence the suit proceeded without his participation.
The Plaintiff in his evidence in chief produced title deed, a certified copy of official search and copy of green card all bearing the Plaintiff’s name.
I have considered the Plaintiff’s testimony and documents produced and I find that the Plaintiff has proved his case on a balance of probabilities and in the circumstances I enter judgement for the Plaintiff against the Defendant in the following terms:-
1. That a declaration do issue that the Plaintiff is the absolute owner of land parcel No. Trans Mara/Kimintet/490.
2. That a permanent injunction do issue restraining the Defendant from trespassing and interfering with the plaintiff’s activities and occupation in the suit land.
3. The Defendant to vacate the suit land within 60 days of this judgement in default eviction orders to issue
4. Cost of the suit to the Plaintiff.
DATED, SIGNED and DELIVERED in open court at NAROK on this 28th day of October, 2019
Mohammed Kullow
Judge
28/10/19
In the presence of: -
CA:Kimiriny
Ms Adala for the holding brief for O.M. Otieno for the Plaintiff
N/A for the Defendant
Mohammed Kullow
Judge
28/10/19