Blacksland Inahi Akinala v Mwangi Thiga Mukuha [2014] KEHC 3635 (KLR)

REPUBLIC OF KENYA

IN TH ENVIRONMENT AND LAND COURT AT KITALE

LAND CASE NO. 165 OF 2013

BLACKSLAND INAHI AKINALA    ….............................. PLAINTIFF

VERSUS

MWANGI THIGA MUKUHA  …...................................... DEFENDANT

J U D G E M E N T

INTRODUCTION

The Plaintiff brought a suit against the defendant seeking eviction orders against the defendant from LR. NO. Sinyerere/Sitatunga Block 1/Mukuyu/512 as well as a permanent injunction restraining the defendant and or his agents from interfering with the said property.

The defendant who was duly served with summons to enter appearance neither entered appearance nor filed a defence.  The  hearing therefore proceeded by way of formal proof.

PLAINTIFF'S CASE

The plaintiff who is based at Botswana gave his father Samson Akinala Ababu power of attorney to do anything appertaining to the suit property.  The plaintiff's father testified that the plaintiff bought   the suit land from the defendant in the year 2010.  He produced a  power of attorney duly registered at the Kitale Lands Office (exhibit 1).  He also produced a copy of title deed as well as a search exhibit 2 and 3 respectively.

The plaintiff's father testified that since his son bought the suit land, he has never taken possession or utilised it in any way as the  defendant and his family have refused to move from the suit land.

ANALYSIS OF EVIDENCE

The Plaintiff's evidence remains uncontroverted.  The documents produced by the plaintiff i.e copy of title deed as well as search show that the plaintiff is the registered owner of the suit property. There is  no caution lodged against the title to the suit property.  It is therefore difficult to understand why the defendant is refusing to move out of  the suit land which he sold to the plaintiff.

DECISION

I find that the plaintiff has proved his case on a balance of probabilities.  An order is hereby issued that the defendant and or his      agents be evicted from the suit land.  A permanent injunction is hereby given restraining the defendant or his agents from in any way  interfering with the suit land.  The plaintiff shall have costs of this suit.

Dated, signed and delivered at Kitale on this 10th day of July, 2014.

E. OBAGA

JUDGE

In the presence of M/S Arunga for Plaintiff.

Court Clerk – Kassachoon.

E. OBAGA

JUDGE

10/7/2014