[2016] KEHC 3958 (KLR)
The court found that the defendant lawfully purchased and was registered as proprietor of land parcel Bokoli/Kituni/661, having paid the full purchase price to Mukhebi Ngachi. The plaintiff and her sons, despite having their own land, occupied the defendant's land without reasonable cause. The plaintiff failed to...
Source-derived case information.
- Citation
- [2016] KEHC 3958 (KLR)
- Parties
- Plaintiff: Ruth Mukhwana Sifuna Ngachi; Defendant: Mulievi Burudi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 133 of 2013
- Procedural Posture
- Land Case / Judgment
- Outcome
- Defendant's counterclaim allowed; plaintiff's suit dismissed.
- Legal Topics
- Ownership Dispute, Permanent Injunction, Eviction, Title Cancellation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Mukhwana Sifuna Ngachi
Plaintiff
Mulievi Burudi
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from interfering with her occupation of land parcel Bokoli/Kituni/661.
- 2 Whether the title deed should be cancelled and the land reinstated in the name of Mukhebi Ngachi.
- 3 Whether the defendant is entitled to an order of eviction against the plaintiff and those claiming through her.
Ratio Decidendi
The court found that the defendant lawfully purchased and was registered as proprietor of land parcel Bokoli/Kituni/661, having paid the full purchase price to Mukhebi Ngachi. The plaintiff and her sons, despite having their own land, occupied the defendant's land without reasonable cause. The plaintiff failed to attend court and prosecute her claim, resulting in its dismissal. The defendant proved his counterclaim on a balance of probabilities, entitling him to eviction orders against the plaintiff and those claiming through her.
Court Disposition
Defendant's counterclaim allowed; plaintiff's suit dismissed.
Orders
- Plaintiff and those claiming through her to be evicted from land parcel Bokoli/Kituni/661.
- Defendant awarded costs of the suit and counterclaim.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
LAND AND ENV. CASE NO. 133 OF 2013
RUTH MUKHWANA SIFUNA NGACHI...............PLAINTIFF
VERSUS
MULIEVI BURUDI............................................DEFENDANT
J U D G E M E N T
[1] The plaintiff filed this suit claiming a permanent injunction restraining the defendant or any other person working under his instructions not to interfere with the peace and full occupation of the plaintiff in land parcel Bokoli/Kituni/661. She also prayed for a cancellation of the title deed and prayed for the land to be reinstated in the name of Mukhebi Ngachi.
[2] The defendant filed a defence and denied the allegations of the plaintiff. He filed a counterclaim and prayed for eviction of the defendant, by herself, family members, servants and agents or any one else claiming through her directly and indirectly.
[3] When this case came for hearing on 8th of June 2015 the plaintiff did not attend the court and the suit was dismissed under order 12 rule 3(1) of the Civil Procedure Rules. The defendant was to fix the counterclaim for hearing. The same was fixed for hearing on 17/5/2016.
The plaintiff was supposed to be served with the hearing notice. An affidavit of service was filed in court on 16/5/2016 by one John Masakari.
[4] One Joseph Mulevi gave evidence how he bought the 5. 5 acres of land from Mukhebi Ngachi for Ksh. one million. He said he paid the purchase price in full and the land was transferred to his name in 2012. This was land parcel Bokoli/Kituni/661. The agreement for sale was produced in court and the copy is in the file. Original was also shown to court. The defendant said that the seller was the brother of the plaintiff. The defendant told the court that the plaintiff has other lands which are occupied by her sons. He produced searches of those lands and named them as Bokoli/Kituni/662 and 669 which were annexed on page 7 of the record filed in court. The defendant told the court that the plaintiff's sons came and occupied his land in 2012 and built two houses. He prayed that they be evicted.
[5] Having heard the case for the defendant on his counterclaim. I am satisfied on the balance of probabilities that the plaintiff has occupied the land of the defendant without a reasonable cause. I am satisfied that the defendant and her sons have their own lands where they should relocate.
I allow the defendant's counterclaim as prayed with costs.
Dated , signed and delivered at Bungoma this 27th day of July ,2016
S.MUKUNYA - JUDGE
In the presence of
Gladys Court Clerk
Mr. Omukunda for the defendant
Plaintiff never appeared