[2017] KEELC 1415 (KLR)
The court found that the plaintiff had established ownership of the suit land through documentary evidence, including a sale agreement, clearance certificate, area list, and title deed. The defendant failed to file a defence or present evidence to challenge the plaintiff’s claim. The court held that the plaintiff...
Source-derived case information.
- Citation
- [2017] KEELC 1415 (KLR)
- Parties
- Plaintiff: Philip Kiptoo Ngasaki; Defendant: Anne Tenai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 136 of 2016
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Trespass to Land, Ownership Dispute, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kiptoo Ngasaki
Plaintiff
Anne Tenai
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the rightful owner of Moi’s Bridge/Moi’s Bridge Block 12 (Ex Cullen)/109.
- 2 Whether the defendant has trespassed and encroached onto the plaintiff’s land without justification.
- 3 Whether the plaintiff is entitled to an order of eviction and injunction against the defendant.
Ratio Decidendi
The court found that the plaintiff had established ownership of the suit land through documentary evidence, including a sale agreement, clearance certificate, area list, and title deed. The defendant failed to file a defence or present evidence to challenge the plaintiff’s claim. The court held that the plaintiff had proved his case on a balance of probabilities and was entitled to the reliefs sought, including a declaration of ownership and an order of eviction against the defendant. The absence of any defence or evidence from the defendant meant the plaintiff’s case stood unchallenged, justifying judgment in his favour.
Court Disposition
Judgment for the plaintiff.
Orders
- A declaration that the plaintiff is the rightful owner of Moi’s Bridge/Moi’s Bridge Block 12 (Ex Cullen)/109.
- An order of eviction against the defendant from the suit land.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURTAT KITALE
ELC CASE NO.136 OF 2016
PHILIP KIPTOO NGASAKI……….PLAINTIFF
VERSUS
ANNE TENAI……………….……DEFENDANT
J U D G M E N T
1. By a plaintiff filed on 14/9/2016,the plaintiff commenced this suit against the defendant claiming that the defendant has wrongfully and without any justifiable cause trespassed and encroached onto a portion of the plaintiff’s land that is Title N0. Moi’s Bridge/Moi’s Bridge Block 12 (Ex Cullen)/109and is now occupying one quarter of an acre of the said land.
2. The plaintiff claims that by virtue of the defendant’s act, he has been blocked and prevented from occupying and utilizing, his land peacefully and his business projects have since stalled, whereupon he has suffered substantial financial loss and damage.
3. The plaintiff therefore prays for a declaration that he is the rightful owner of the whole of the suit land and that an order of eviction issue as against the defendant and that also an injunction restraining the defendant from trespassing on the suit land do issue.
4. Only the plaintiff testified at the formal proof. The plaintiff produced copies of documents to support his claim. “PExh1”is a copy of a Sale agreement showing that the plaintiff purchased the suit land from one John Kiplagat Tenai. It is dated 26/1/1997. It is signed by three witnesses.
5. “PExh2” is a copy of a clearance certificate No.109 issued to the Land Registrar, Uasin Gishu which confirms that the plaintiff is the owner of plot No.109 and that he may be issued with a Title deed for the said plot.
6. “PExh3” is an area list showing that the plaintiff was listed as owner of plot 109 while “PExh4” is a copy of a title deed for the suit land, now in full referred to as Mois Bridge/Moi’s Bridge Block12/Ex Cullen/109. It shows that it was issued on 23/4/2014to the plaintiff.
7. “PExh5” is a copy of a letter from Kidiavai & Co. Advocates demanding among other things that the defendant do stop trespassing and/or interfering with the plaintiff’s quiet possession and use of the suit land.
8. The suit went undefended. There was no evidence from the defendant or even a written statement of defence to controvert the plaintiff’s claim. Nevertheless, I find that the plaintiff has established his case on a balance of probabilities.
9. I therefore enter judgment for the plaintiff against the defendant in terms of prayers No.1and 2of the plaint dated 8th July 2016. The defendant shall also bear the costs of the suit.
Dated, signed and delivered at Kitale on this 24th day of August, 2017.
MWANGI NJOROGE
JUDGE
24/8/2017
Before - Mwangi Njoroge Judge
Court Assistant – Isabellah/Picoty
Mr. Bisonga for Plaintiff
Judgment read in open court.
MWANGI NJOROGE
JUDGE
24/8/2017