[2018] KEELC 4321 (KLR)
The Plaintiff established lawful ownership of Mavoko Town Block 3/42453 by producing a valid Title Deed registered in his name and evidence of purchase. The Defendant, having been served but failing to appear or defend the suit, did not rebut the Plaintiff's evidence. The court found that the Plaintiff's rights as a...
Source-derived case information.
- Citation
- [2018] KEELC 4321 (KLR)
- Parties
- Plaintiff: Shem Arungu Ariwi; Defendant: Jane Mumbua Kioko
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2016
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaint allowed as prayed; judgment for the Plaintiff.
- Judges
- OA Angote
- Legal Topics
- Ownership Dispute, Trespass, Eviction, Title Deed, Uncontested Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Arungu Ariwi
Plaintiff
Jane Mumbua Kioko
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff is the lawful owner of Mavoko Town Block 3/42453.
- 2 Whether the Defendant has trespassed onto the Plaintiff's land.
- 3 Whether the Plaintiff is entitled to an order of eviction against the Defendant.
Ratio Decidendi
The Plaintiff established lawful ownership of Mavoko Town Block 3/42453 by producing a valid Title Deed registered in his name and evidence of purchase. The Defendant, having been served but failing to appear or defend the suit, did not rebut the Plaintiff's evidence. The court found that the Plaintiff's rights as a registered proprietor entitled him to exclusive possession and protection from trespass. Consequently, the Plaintiff was entitled to the reliefs sought, including an order of eviction against the Defendant.
Court Disposition
Plaint allowed as prayed; judgment for the Plaintiff.
Orders
- The Plaintiff is declared the lawful owner of Mavoko Town Block 3/42453.
- The Defendant is ordered to vacate and be evicted from Mavoko Town Block 3/42453.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MACHAKOS
ELC. CASE NO. 8 OF 2016
SHEM ARUNGU ARIWI .............................................PLAINTIFF
VERSUS
JANE MUMBUA KIOKO ..........................................DEFENDANT
JUDGMENT
1. In the Plaint dated 18th January, 2016, the Plaintiff averred that he is the owner of a parcel of land known as Mavoko Town Block 3/42453; that the Defendant trespassed on the said land and that an order of eviction should issue.
2. Although the Defendant was served with the Summons to Enter Appearance, he neither entered appearance nor filed a Defence.
3. The matter proceeded for hearing on 9th October, 2017 in which the Plaintiff informed the court that he purchased the suit land from Elizabeth Mutio Mutisya vide an agreement dated 6th September, 2013 and 5th November, 2013.
4. After paying the entire purchase price, PW1 informed the court that he obtained a Title Deed and that when he started fencing the land, he became aware of the Defendant’s presence of the land.
5. In the submissions, the Plaintiff’s advocate submitted that the Plaintiff purchased the suit land for Kshs. 7,245,000 and that he is the lawful owner of the land.
6. Considering that the Defendant has not rebutted the Plaintiff’s evidence, and in view of the Title Deed for the suit land which shows that the land was registered in favour of the Plaintiff on 10th March, 2015, I allow the Plaint dated 18th January, 2016 as prayed.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 2ND DAY OF MARCH, 2018.
O.A. ANGOTE
JUDGE