[2016] KEHC 3922 (KLR)
The court found that the plaintiff had produced a certificate of official search confirming his registration as owner of Kimilili/Sikhendu/47, and that he had lawfully purchased the land from Wekesa Biketi. The defendant, despite alleging fraud and a right to occupy ½ acre, failed to attend the hearing or provide...
Source-derived case information.
- Citation
- [2016] KEHC 3922 (KLR)
- Parties
- Plaintiff: Peter Wekalao Nyongesa; Defendant: Musa Biketi Nyongesa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 91 of 2014
- Procedural Posture
- Land Case / Judgment
- Outcome
- Plaintiff's claim allowed; defendant's defence dismissed.
- Legal Topics
- Ownership Disputes, Eviction, Land Title, Adverse Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Wekalao Nyongesa
Plaintiff
Musa Biketi Nyongesa
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Kimilili/Sikhendu/47.
- 2 Whether the defendant has any legal right to occupy ½ acre of the suit land.
- 3 Whether the defendant's occupation is based on a valid claim or fraud.
Ratio Decidendi
The court found that the plaintiff had produced a certificate of official search confirming his registration as owner of Kimilili/Sikhendu/47, and that he had lawfully purchased the land from Wekesa Biketi. The defendant, despite alleging fraud and a right to occupy ½ acre, failed to attend the hearing or provide evidence to support his claims. The court held that the plaintiff had obtained good title and that the defendant's defence was unsubstantiated. Consequently, the plaintiff was entitled to remove the defendant's structures and exercise full rights over the land.
Court Disposition
Plaintiff's claim allowed; defendant's defence dismissed.
Orders
- The plaintiff is permitted to remove the small house on Kimilili/Sikhendu/47.
- The plaintiff is free to deal with his land as he pleases.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
LAND AND ENVIRONMEMNT CASE NO. 91 OF 2014
PETER WEKALAO NYONGESA..…..PLAINTIFF/APPLICANT
VERSUS
MUSA BIKETI NYONGESA ….…DEFENDANT/RESPONDENT
JUDGEMENT
[1] The plaintiff in this case is the registered owner of Kimilili/Sikhendu/47. He brought this suit against the defendant demanding that the defendant be evicted from the said land. The defendant filed a defence he said he occupies ½ of an acre out of the said land. He alleged that he was given that ½ acre by his grandfather Wekesa Biketi. He stated that he had done extensive developments on his ½ acre and has built a semi permanent structure therein and planted various types of crops including coffee stems, banana crops and maize. He alleged that the sale between the plaintiff herein and his grandfather Wekesa Biketi was shrouded by fraud. This case was fixed for hearing on 20/7/2016. The defendant never attended. The plaintiff gave evidence of how he bought the suit land from Wekesa Biket. He told the court that when he bought the suit land, there was a small house. He said that on his enquiry as to whom the house belonged, he was told it belonged to the vendor’s grandson who had left the land and had gone to his father’s home and vacated the suit land. He said he bought the land in 2014. He said that he went back to the land on 2015 and found the small house still there but the defendant’s wife in the small house. The plaintiff said that he then asked the said Wekesa Biketi to ask her to move out and vacate the land. That she did so. That however the small house is still there. He now wants to be allowed to remove the said house. The plaintiff produced a certificate of official search of Kimilili/Sikhendu/47. The same showed the land to be his.
[2] Having heard the plaintiff and having perused the search certificate, I have no doubt that the plaintiff purchased the suit land from Wekesa Biketi and obtained good title.
[3] I dismiss the defence of the defendant. I do order that the plaintiff do remove the small house on the suit land. He is free to deal with his land as he pleases.
It is so ordered.
Dated signed and delivered at Bungoma this 27th day of July 2016
S.MUKUNYA - JUDGE
In the presence of
Joy/Gladys court assistants
Plaintiff present
Defendant absent