[2013] KEHC 5633 (KLR)
The Plaintiff established through documentary evidence and unchallenged testimony that he purchased and paid for ¾ of an acre of Plot No. 18 from the Defendant, and that the Defendant transferred his shareholding in Nangabo Farmers Co-operative Society to the Plaintiff. The Defendant, despite being served, failed to...
Source-derived case information.
- Citation
- [2013] KEHC 5633 (KLR)
- Parties
- Plaintiff: Renson Nakhaima Bwome; Defendant: Titus Wamalwa Wekono
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 26 of 2010
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Plaintiff's claim allowed. Judgment entered for the Plaintiff.
- Judges
- EO Obaga
- Legal Topics
- Eviction, Sale of Land, Transfer of Shareholding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Renson Nakhaima Bwome
Plaintiff
Titus Wamalwa Wekono
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff is entitled to vacant possession and eviction of the Defendant from Plot No. 18 at Nangabo farm.
- 2 Whether the Plaintiff has proved ownership of the suit land on a balance of probabilities.
Ratio Decidendi
The Plaintiff established through documentary evidence and unchallenged testimony that he purchased and paid for ¾ of an acre of Plot No. 18 from the Defendant, and that the Defendant transferred his shareholding in Nangabo Farmers Co-operative Society to the Plaintiff. The Defendant, despite being served, failed to contest the suit or provide any justification for remaining on the land. The court found that the Plaintiff had proved his case on a balance of probabilities and was entitled to vacant possession and eviction orders as prayed. The Defendant's continued occupation was without legal basis, and the Plaintiff was entitled to costs.
Court Disposition
Plaintiff's claim allowed. Judgment entered for the Plaintiff.
Orders
- The Defendant shall be evicted from Plot No. 18 at Nangabo farm within Kwanza District.
- The Plaintiff is awarded costs of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CIVIL SUIT NO. 26 OF 2010
RENSON NAKHAIMA BWOME ...................................................…...PLAINTIFF
VERSUS
TITUS WAMALWA WEKONO ......................................................... DEFENDANT
J U D G M E N T
The Plaintiff Renson Nakhaima Bwome brought this suit against the Defendant Titus Wamalwa Wekono seeking orders of eviction from land described as Plot No. 18 at Nangabo farm within Kwanza District. The Defendant who was duly served with summons to enter appearance and file defence neither entered appearance nor filed defence. He was also served for formal proof but never appeared.
During the hearing, the Plaintiff testified that he is a teacher by profession. In the year 2004, he bought ¼ an acre from the Defendant at a price of Kshs. 13,000. Again in 2007, he bought ½ an acre from the Defendant at Kshs. 51,000. The Defendant was a shareholder of Nangabo Farmers Co-operative Society and was owner of Plot No. 18. On 21st December, 2007, the Defendant transferred his shareholding in the society to the Plaintiff. A transfer was duly effected and the Plaintiff became a shareholder at Nangabo Farmers Co-operative Society thereby owner of Plot No. 18.
The Defendant has however refused to hand over possession of the suit land. The Plaintiff produced a Sale Agreement dated 01/02/2004 in respect of the ¼ acre he bought at Kshs. 13,000 (exhibit 1). He also produced a Sale Agreement dated 17/11/2007 in which the earlier agreement was incorporated. The Plaintiff's entitlement was ¾ of an acre at Kshs. 64,000 (exhibit 2).He also produced a transfer of ¾ of an acre held by him at Nangabo Farmers Co-operative Society (exhibit 3) as well as the certificate issued to him recognizing him as owner of Plot No. 18 (exhibit 4).
The Plaintiff also produced a letter (exhibit 5) written by the Chairman of Nangabo Farmers Co-operative Society confirming that the Defendant had sold ¾ of his plot at Nangabo Farmers Co-operative Society and that he is no longer a shareholder. The Chairman has severally summoned him to the office but he has declined and or refused to heed to the summons. The Plaintiff had in 2009 demanded that the Defendant do give vacant possession of the sold land through his lawyer as per the letter dated 11/12/2009 (exhibit 6)but the Defendant has never complied. The evidence of the Plaintiff is uncontroverted. I find that he has proved his case against the Defendant on a balance of probabilities. The Defendant has no reason hanging on to a land he has already sold out. He should be evicted from the land as prayed for in the Plaint. The Plaintiff shall have costs of this suit.
Dated, signed and delivered in Open Court on this 10th day of July, 2013.
E. OBAGA
JUDGE
In the presence of Mr. Keter for Mr. Wafula for Plaintiff.
Court Clerk: Joan.
E. OBAGA
JUDGE
10/07/2013