Anne Nabalayo Khaemba v Everlye Asika [2014] KEHC 995 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

IN THE  ENVIRONMENT & LAND COURT OF KENYA

AT BUNGOMA

CIVIL CASE NO. 102 OF 2012

ANNE NABALAYO KHAEMBA …................................. PLAINTIFF

VERSUS

EVERLYE ASIKA ….................................................... DEFENDANT

JUDGMENT

[1].    The plaintiff filed this suit for  eviction against the defendant alleging  that she is the owner of  L.R. No. Kimilii/Kibingei/359 (later ammended to read L.R No. Kimilili/Kibingei/1420) including all the developments thereon.  She avers that the defendant has trespassed into the said land and taken possession of the same  without the consent  of the plaintiff.   The plaintiff  therefore claims for an order of eviction against  the defendant evicting  her from the said land.  The plaintiff annexed  title deed number Kimilili/Kibingei/1420 comprising (0. 08) hectares issued to her on 9th October 2009.

[2]. The defendant was duly served on 15th May 2012 and a  return of service filed in court on 29th August 2012.   The plaint was  amended on 13th July 2012.  The same was served on 27th February 2014 upon M/s Chepseba & Co. Advocates.  A hearing notice for  17th September 2014 was served on the said advocates on 18th November 2014.

[3].  During the hearing on  9th December 2014, the defendants and their advocates  never attended.  They have not filed a  defence  either.

[4]. Under the circumstances I allow the plaintiff's claim as prayed in the ammended plaint with costs.

Dated and delivered  this  18th day of December 2014.

S. MUKUNYA

JUDGE.