[2001] KEHC 142 (KLR)
The court found that the plaintiff had proved ownership of the suit land by producing valid title documents. The defendants, having failed to appear or defend the suit, were deemed to have unlawfully occupied the land as trespassers. The court held that the plaintiff was entitled to eviction orders and a permanent...
Source-derived case information.
- Citation
- [2001] KEHC 142 (KLR)
- Parties
- Plaintiff: Sheldon Michilwa; Defendant: Michael Ndarie Nyalienya; Defendant: 5 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 642 of ??
- Procedural Posture
- Civil Case / Formal Proof Judgment
- Outcome
- Suit allowed as per prayers 1 and 2 of the Plaint. Plaintiff awarded costs.
- Legal Topics
- Trespass, Eviction, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheldon Michilwa
Plaintiff
Michael Ndarie Nyalienya
Defendant
5 Others
Defendant
Procedural Posture
Civil Case / Formal Proof Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of L.R. NO.9341/233.
- 2 Whether the defendants are trespassers on the suit land.
- 3 Whether the plaintiff is entitled to eviction orders and a permanent injunction against the defendants.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit land by producing valid title documents. The defendants, having failed to appear or defend the suit, were deemed to have unlawfully occupied the land as trespassers. The court held that the plaintiff was entitled to eviction orders and a permanent injunction to restrain the defendants from further trespass, as the right to exclusive possession is vested in the registered proprietor. The abandonment of the claim for general damages was noted, and the court awarded costs to the plaintiff.
Court Disposition
Suit allowed as per prayers 1 and 2 of the Plaint. Plaintiff awarded costs.
Orders
- Defendants to be evicted from L.R. NO.9341/233.
- Defendants, their servants and/or agents permanently restrained from trespassing on the suit land.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICIVIL CASE NO.642 OF 2000
SHELDON MICHILWA………………………………….….PLAINTIFF V E R S U S MICHAEL NDARIE NYALIENYA& 5 OTHERS…………..………………………………...DEFENDANTS
J U D G M E N T
The Plaintiff is the registered owner of L.R. NO.9341/233 (hereinafter referred to as “the suit land’). On 26th April, 2000, he sued the Defendants seeking their eviction from the suit land and to permanently restrain them, their servants and/or agents from trespassing thereon. He also sought in the Plaint general damages but that prayer was abandoned at the hearing. The Defendants were served with summons to Enter Appearance but none of them appeared. Consequently, interlocutory judgments were entered against the 1st, 3rd, 4th and 5th Defendants on 2nd October, 2000 and against the 2nd and 6th Defendants on 2nd February, 2001. This case is now coming up for formal proof.
At the hearing, the Plaintiff produced copies of his title documents proving his ownership of the suit land. The original documents were shown to the court. He testified that the Defendants had unlawfully occupied his land, were hostile and that he was unable to remove them. He asked for their removal as prayed. There is no doubt that the Defendants are trespassers on the Plaintiff’s land. They must therefore, be evicted and restrained from trespassing thereon again. I, therefore, allow this suit as per prayers 1 and 2 of the Plaint. The Plaintiff shall also be entitled to the costs of this suit.
Dated and delivered at Nairobi this 21st day of May, 2001. ALNASHIR VISRAM JUDGE