Benson Mwendwa Mutuku v Mariam Suleiman [2018] KEELC 2729 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MOMBASA

ELC NO 230 OF 2016

BENSON MWENDWA MUTUKU.......................PLAINTIFF

VERSUS

MARIAM SULEIMAN......................................DEFENDANT

JUDGMENT

1.   The Plaintiff has filed this suit against the Defendant seeking;

i.A declaration issue declaring the Plaintiff as the rightful owner of Plot No. 1244 Taveta Phase 1 Settlement Scheme.

ii.An order to issue revoking and removing the Defendant’s name from Title of Plot No. 1244 Taveta Phase 1 Settlement Scheme.

iii.An order to issue directing the Land Registrar Wundanyi to register the Plaintiff as the owner and issue him with a title deed.

iv.The court to be pleased to grant any other relief it thinks fit to grant.

v.The court to reward costs and interests of this suit.

2.   The Defendant who was duly served by way of advertisement in the Daily Nation Newspaper of 20th December, 2016 neglected to enter appearance and/or file defence within the prescribed period. The Plaintiff set down the suit for hearing.

3.   It is the Plaintiff’s case that he was allocated Plot No. 1244 Taveta Phase 1 Settlement Scheme. He produced a letter of allotment dated 25th May, 2012 as exhibit P1, the payment receipt as exhibit P2 and a map sheet of the area as exhibit P3.

4.   He told the court that he has built a home on the said plot. He is also undertaking some farming thereon.

5.   He was surprised when the plot was registered in the names of the Defendant. He went to the Land Registry and found out. He prays that the title deed issued to the Defendant be cancelled and that he (Plaintiff) be issued with a title deed.

6.   I have considered the pleadings, the exhibits produced and the submissions on record. The Plaintiff’s case in uncontroverted. I find that he has proved his cased as against the Defendant on a balance of probabilities.

7.   I hereby enter judgment in favour of the Plaintiff as against the Defendant as follows:

a) That a declaration is hereby issued that the Plaintiff is the rightful owner of Plot No. 1244 Taveta Phase 1 Settlement Scheme.

b)  An order be and is hereby issued to revoke and remove the Defendant’s name from Title to Plot No. 1244 Taveta Phase 1 Settlement Scheme.

c)  An order be and is hereby issued directing the Land Registrar Wundanyi to register the Plaintiff as the owner and issue him with a title deed.

d)  The Plaintiff do have costs of the suit and interest.

It is ordered.

Dated, signed and delivered atMombasa on the7th dayofMarch 2018.

_______________

L. KOMINGOI

JUDGE

7/3/2018