[2011] KEHC 1105 (KLR)
The court found that the plaintiff had demonstrated ownership of the suit land through a valid title deed and supporting documentary evidence. The defendant, despite being served with summons, failed to appear or defend the suit and had previously lost related claims before the tribunal and on appeal. The court held...
Source-derived case information.
- Citation
- [2011] KEHC 1105 (KLR)
- Parties
- Plaintiff: Zebedi Odongo Samo; Defendant: Dominic Owuor Ombayi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 10 of 2010
- Procedural Posture
- Civil Case / Judgment
- Outcome
- suit allowed
- Judges
- HK Chemitei
- Legal Topics
- Eviction, Ownership of Land, Title Deed, Land Disputes, Registration of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zebedi Odongo Samo
Plaintiff
Dominic Owuor Ombayi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for eviction of the defendant from the suit land.
- 2 Whether the plaintiff is the registered owner of land parcel No. Kisumu/Border/20.
- 3 Whether the defendant has any valid claim to the suit land.
Ratio Decidendi
The court found that the plaintiff had demonstrated ownership of the suit land through a valid title deed and supporting documentary evidence. The defendant, despite being served with summons, failed to appear or defend the suit and had previously lost related claims before the tribunal and on appeal. The court held that the plaintiff's title was indefeasible and that the defendant had no valid claim to the land. Consequently, the court ordered the eviction of the defendant from the suit land and awarded costs to the plaintiff.
Court Disposition
suit allowed
Orders
- The defendant be evicted from land parcel No. Kisumu/Border/20.
- The plaintiff shall have the costs of this suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
CIVIL CASE NO. 10 OF 2010
ZEBEDI ODONGO SAMO……………………………………….PLAINTIFF
VERSUS
DOMINIC OWUOR OMBATI…………………………………DEFENDANT
J U D G M E N T
The plaintiff herein Zebedi Odongo Samo brought this against Dominic Owuor Ombayi the defendant claiming inter alia orders of eviction from land parcel No. L.R. Border 11/20 Ladhri Awasi. Summonses were served upon the defendant on 8-6-2010 by one Francis Odiwuor Ongesa, a process server. The defendant never filed any appearance or defence.
In his evidence the plaintiff stated that he purchased the land from one Ombayo Omenge sometimes in 1975. The defendant sometimes in 1990 came and built structures on the suit land forcefully and that was the genesis of his problems with the defendant.
The plaintiff further produced documentary evidence which included exhibit No. 1 being the proceedings at Nyando Magistrate case No. 4/2005 which adopted the orders of land dispute tribunal.
The tribunal case was again between the plaintiff and the defendant. The tribunal ruled in favour of the plaintiff. The defendant appealed vide Kisumu High Court Misc. Application No.93 of/2005as per exhibit No. 3 but the same was rejected.
The plaintiff has further demonstrated ownership of the land vide title No. Kisumu/Border/20 issued on 13-3-2007 in his favour. The question for determination is whether the plaintiff has established a prima facie case against the defendant. The answer is in the affirmative.
It is infact the defendant who has all along stake claim on the plaintiff parcel of land. He has filed multiplicity of claim as shown above but he never succeeded. There is no dispute or doubt that the plaintiff is the registered owner of the suit land.
His title deed is undefeasible. Am also satisfied that the defendant received the relevant summonses.
The upshot of this therefore is that the plaintiff’s suit succeeds and I order the defendant be evicted from land parcel No. Kisumu/Border/20. The plaintiff shall have the costs of this suit.
Orders accordingly.
Dated, signed and delivered at Kisumu this 26TH day of October, 2011.
H.K. CHEMITEI
JUDGE
HKC/va