[2017] KEELC 1499 (KLR)
The court found that the plaintiff had established ownership of land parcel Elgon/Chemoge/704 through documentary evidence, including a title deed and supporting documents. The defendants, having been duly served, failed to appear or file any defence, and thus the plaintiff's allegations of unlawful trespass and...
Source-derived case information.
- Citation
- [2017] KEELC 1499 (KLR)
- Parties
- Plaintiff: Roselyne Kimono Osorome; Defendant: Godfrey Kabirbei Naibei; Defendant: Beltina Chemutai Welington
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 200 of 2014
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff as prayed with costs. Defendants to be evicted from land parcel Elgon/Chemoge/704.
- Judges
- SN Mukunya
- Legal Topics
- Trespass to Land, Land Ownership, Eviction, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roselyne Kimono Osorome
Plaintiff
Godfrey Kabirbei Naibei
Defendant
Beltina Chemutai Welington
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants unlawfully trespassed onto the plaintiff's land parcel Elgon/Chemoge/704.
- 2 Whether the plaintiff is entitled to eviction orders against the defendants.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had established ownership of land parcel Elgon/Chemoge/704 through documentary evidence, including a title deed and supporting documents. The defendants, having been duly served, failed to appear or file any defence, and thus the plaintiff's allegations of unlawful trespass and occupation of her land remained unchallenged. The court held that the plaintiff was entitled to judgment as prayed, including eviction of the defendants from the suit land and costs of the suit.
Court Disposition
Judgment for the plaintiff as prayed with costs. Defendants to be evicted from land parcel Elgon/Chemoge/704.
Orders
- Judgment is entered for the plaintiff as prayed.
- The defendants shall be evicted from land parcel Elgon/Chemoge/704.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
LAND AND ENVIRONMENT COURT.
CIVIL SUIT NO. 200 OF 2014.
ROSELYNE KIMONO OSOROME………….......…….PLAINTIFF
VERSUS.
GODFREY KABIRBEI NAIBEI……………...…..1ST DEFENDANT
BELTINA CHEMUTAI WELINGTON……….....2ND DEFENDANT
JUDGMENT.
[1]. The Plaintiff is the owner of land Parcel Elgon /Chemoge/704. The land comprises of 1. 79 Ha. She claims in her plaint that the defendants herein unlawfully interchanged sections of her land during Subdivision and that the defendants have unlawfully trespassed into LR. No. Elgon/Chemoge/704 and have occupied part of it by putting structures therein. She set out particulars of such trespass in her claim. She produced a copy of the title deed for her land Elgon/Chemoge/704 a copy of the Map of the area and a letter from the Chief of the area.
[2]. The defendants were served and there was a return of service of the Hearing Notice in the Court file. There was no appearance and or defence from the defendants. The allegations of the plaintiff were unchallenged. I enter Judgment for the Plaintiff as prayed with costs. The defendants shall be evicted from land parcel Elgon/Chemoge/704 as prayed.
Ruling read in Open Court In the presence of 2nd Plaintiff.
DATED at BUNGOMA this 3rd day of October, 2017.
S. MUKUNYA
JUDGE
In the presence of:
Court Assistant: Gladys/Joy
Plaintiff: Absent
1st defendant – absent/dead
2nd defendant – Present
Ruling Notice served