[2015] KEELC 335 (KLR)
The court found that the Plaintiff was the registered proprietor of plot number 234, CR NO.23302, having produced the original Title Deed and evidence of registration. There was no evidence presented to challenge the validity of the Plaintiff's title or to show that it was unlawfully acquired. The Defendants failed...
Source-derived case information.
- Citation
- [2015] KEELC 335 (KLR)
- Parties
- Plaintiff: Vincent Mwalenga; Defendant: Omar Aziz; Defendant: Bahimu Asma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 148 of 2014
- Procedural Posture
- Civil Case / Formal Proof Judgment
- Outcome
- Plaintiff's suit allowed.
- Judges
- OA Angote
- Legal Topics
- Ownership of Land, Title Registration, Injunctive Relief, Quiet Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Mwalenga
Plaintiff
Omar Aziz
Defendant
Bahimu Asma
Defendant
Procedural Posture
Civil Case / Formal Proof Judgment
Legal Issues
- 1 Whether the Plaintiff is the registered proprietor of plot number 234, CR NO.23302.
- 2 Whether the Plaintiff is entitled to exclusive and unimpeded right to quiet possession and occupation of the suit property.
- 3 Whether the Defendants should be restrained from interfering with the Plaintiff's property.
Ratio Decidendi
The court found that the Plaintiff was the registered proprietor of plot number 234, CR NO.23302, having produced the original Title Deed and evidence of registration. There was no evidence presented to challenge the validity of the Plaintiff's title or to show that it was unlawfully acquired. The Defendants failed to participate in the proceedings or contest the Plaintiff's claim. The court held that the Plaintiff had proved his case on a balance of probabilities and was entitled to a declaration of ownership, a permanent injunction restraining the Defendants from interfering with the property, and costs of the suit.
Court Disposition
Plaintiff's suit allowed.
Orders
- A declaration is issued that the Plaintiff is the registered owner of plot number 234, CR NO.23302 and is entitled to exclusive and unimpeded right to quiet possession and occupation.
- A permanent injunction is issued restraining the Defendants, their agents and/or principals from trespassing, occupying or interfering with the Plaintiff's property known as Title No. CR 23302, plot No.234 Watamu.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC CIVIL CASE NO.148 OF 2014
VINCENT MWALENGA.................................................................PLAINTIFF
=VERSUS=
1. OMAR AZIZ
2. BAHIMU ASMA.....................................................................DEFENDANTS
J U D G M E N T
This matter proceeded for formal proof on 9th June 2015.
According to the evidence of the Plaintiff, PW1, he purchased plot number 234 Watamu in 1992 from Mr. Kalama.
PW1 informed the court that the suit property was transferred to him on 1st November 1992. PW1 produced the original Title Deed in evidence.
According to the evidence of PW1, he was involved in HCCC No 62 of 2011 (JR) in which he sued the Land Disputes Tribunal and the Defendants after the Tribunal awarded the suit property to a third party.
It was the evidence of PW1 that the High Court declared the decision of the Tribunal null and void ab initio.
The Defendants neither entered appearance nor filed a Defence after they were served with Summons to Enter Appearance.
I have considered the pleadings and the evidence of the Plaintiff.
The evidence before this court shows that the Plaintiff was registered as the proprietor of plot number 234 on 17th August 1992.
Considering that the Plaintiff is the registered proprietor of the suit property, and in the absence of evidence to show that the said title document was procured unlawfully, I find and hold that the Plaintiff has proved his case on a balance of probabilities.
Consequently, I allow the Plaintiff's Plaint dated 30th July 2014 in the following terms:
(a) A declaration be and is hereby issued that the Plaintiff is the registered owner of a parcel of land known as plot number 234, CR NO.23302 and is entitled to exclusive and unimpeded right to quiet possession and occupation of the same.
(b) A permanent injunction be and is hereby issued restraining the Defendants, their agents and or principals from trespassing, occupying and or in any other manner whatsoever interfering with the Plaintiff's suit property known as Title No. CR 23302, plot No.234 Watamu.
(c) The Defendants to pay the costs of the suit.
Dated and delivered in Malindi this 10th day of July2015.
O. A. Angote
Judge