[2009] KEHC 2422 (KLR)
The court found that the plaintiff's evidence of purchase was unchallenged and that, despite the title deed still being in the seller's name, she is the owner of the land by virtue of the sale. The defendant did not contest the claim, and interlocutory judgment had already been entered. The court held that the...
Source-derived case information.
- Citation
- [2009] KEHC 2422 (KLR)
- Parties
- Plaintiff: Rebecca Oonge Mokamba; Defendant: Joseph Nyakwama
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 5 of 2006
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- AO Muchelule
- Legal Topics
- Ownership Disputes, Eviction, Title Deeds, Adverse Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rebecca Oonge Mokamba
Plaintiff
Joseph Nyakwama
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is the legal owner of L.R. WEST KITUTU/BOGUSERO/2857 despite the title remaining in the seller's name.
- 2 Whether the plaintiff is entitled to an eviction order against the defendant.
Ratio Decidendi
The court found that the plaintiff's evidence of purchase was unchallenged and that, despite the title deed still being in the seller's name, she is the owner of the land by virtue of the sale. The defendant did not contest the claim, and interlocutory judgment had already been entered. The court held that the plaintiff is entitled to occupy and peacefully enjoy the land and granted judgment as prayed in the plaint, including an eviction order against the defendant.
Court Disposition
Judgment for the plaintiff.
Orders
- Declaration that the plaintiff is the legal owner of L.R. WEST KITUTU/BOGUSERO/2857.
- Eviction order against the defendant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Civil Case 5 of 2006
REBECCA OONGE MOKAMBA ……………………… PLAINTIFF
VERSUS
JOSEPH NYAKWAMA ………………………………… DEFENDANT.
RULING
The Plaintiff filed this suit on 17th January, 2006 claiming that she had on 6th November, 1998 bought L.R.WEST KITUTU/BOGUSERO/2857 measuring 0. 47 hectares from one Francis Njuguna Gitu. In 1999 the Defendant forcifully entered the land and has since remained thereon without her consent. She sought a declaration that she was the legal owner of the land and asked that an eviction order do issue against the Defendant.
The Defendant filed a Memorandum of Appearance on 21st February, 2006 but did not file a Defence to the claim. Interlocutory judgment was subsequently entered and case set down for formal proof.
In her evidence, the Plaintiff produced Title Deed (Exh.1) to the land which shows that it is still in the name of Francis Njuguna Gitu. It would appear that the land was not transferred to her. Her evidence that she bought the land was not challenged. I find she is the owner of the land following the purchase and that is entitled to occupy it and to peacefully enjoy the same. There will be final judgment in her favour as prayed in the Plaint.
DATED at KISII this 12th day of May, 2009
A.O. MUCHELULE
JUDGE
Delivered in open court in the presence of :
Mr. Nyagwencha for Mr. Nyariki for the Plaintiff
Plaintiff present.