[2010] KEHC 2779 (KLR)
The court found that the plaintiff was the registered proprietor of plot number SOUTH KABRAS/CHESERO/1694, as evidenced by the title deed and official search. The defendants failed to appear or provide any evidence of a legal right or interest in the property. The 1st defendant's caution, claiming licensee interest,...
Source-derived case information.
- Citation
- [2010] KEHC 2779 (KLR)
- Parties
- Plaintiff: Simon Serete Luseko; Defendant: Natili Mwanje; Defendant: Pius Abungana Shitandi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 85 of 2005
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Eviction, Land Ownership, Title Deed, Caution Removal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Serete Luseko
Plaintiff
Natili Mwanje
Defendant
Pius Abungana Shitandi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of plot number SOUTH KABRAS/CHESERO/1694.
- 2 Whether the defendants have any legal right or interest in the suit property.
- 3 Whether the plaintiff is entitled to an order of eviction and removal of caution against the defendants.
Ratio Decidendi
The court found that the plaintiff was the registered proprietor of plot number SOUTH KABRAS/CHESERO/1694, as evidenced by the title deed and official search. The defendants failed to appear or provide any evidence of a legal right or interest in the property. The 1st defendant's caution, claiming licensee interest, was not supported by any documentation or legal basis. The court held that the plaintiff had established his case on a balance of probabilities, entitling him to the removal of the caution and the eviction of the defendants. The court further restrained the defendants from entering, utilizing, or dealing with the suit property in any manner, and awarded costs to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- The caution registered against plot number SOUTH KABRAS/CHESERO/1694 on 18th December, 2000 is to be removed.
- An order of eviction is granted against the defendants, their agents, or anyone claiming on their behalf from plot number SOUTH KABRAS/CHESERO/1694.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Civil Case 85 of 2005
SIMON SERETE LUSEKO …………………………………………..…….. PLAINTIFF
V E R S U S
NATILI MWANJE ……………………………………………….…... 1ST DEFENDANT
PIUS ABUNGANA SHITANDI ………………………………..… 2ND DEFENDANT
J U D G E M E N T
The plaintiff filed this suit seeking an order of eviction against the defendants, their agents, family or anyone claiming on their behalf from plot number SOUTH KABRAS/CHESERO/1694. The case proceeded ex-parte as the defendants and their Advocates were absent during the hearing.
The plaintiff’s testimony is that he bought the suit land on2nd December, 1994. Initially the plot was SOUTH KABRAS/CHESERO/589 and after sub-division was done his plot was registered as plot No. SOUTH KABRAS/CHESERO/1694 measuring 0. 7 Hectares.The plaintiff produced the title deed for the suit property and an official search dated26th February, 2008.
The plaintiff further testified that the defendants caused to have him charged in Kakamega Criminal Case Number 258 of 2001 but he was acquitted.In 1999 he discovered that the 2nd defendant was encroaching on his land and the 1st defendant claimed to have sold the land to the 2nd defendant.He urged the court to order the removal of the caution placed on his land and eviction of the defendants.The plaintiff also prayed for costs.
The official search shows that the plaintiff was registered as the owner of plot number S. KABRAS/CHESERO/1694 on22nd September, 1997and he was issued with a title deed on the same date.On18th December, 2000the 1st defendant registered a caution claiming licensee interest.The title deed produced indicates that the plaintiff is the lawful owner of the suit property and I do find that he has established his case against the defendants.I do order that the caution registered against the suit property on18th December, 2000be removed.An order of eviction is hereby granted against the defendants, their agents or anyone claiming on their behalf from plot number S.KABRAS/CHESERO/1694 and the defendants are hereby restrained from ever entering, utilizing or in any other manner dealing with the suit property.The plaintiff is granted costs of this suit.
SAID J. CHITEMBWE
J U D G E
Delivered, dated and countersigned at Kakamega by the Hon. Justice Isaac Lenaola this
15th day of April, 2010
ISAAC LENAOLA
J U D G E