Edward Mugambi Kairanya v Ibrahim M'imanene M'igweta [2014] KEELC 557 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

ENVIRONMENT AND LAND COURT

E.L.C. NO.168 OF 2013

EDWARD MUGAMBI KAIRANYA.......................................PLAINTIFF

VERSUS

IBRAHIM M'IMANENE M'IGWETA.................................DEFENDANT

J U D G M E N T

The plaintiff is the registered proprietor of L.R. No.Gakawa/Kahurura/Block III/203.  He claims that in the year 2007 the defendant without any colour of right or plaintiff's permission trespassed into the plaintiff land and built a semi-permanent house thereon.  The plaintiff's claim against the defendant and his family member is for an order of eviction and permanent injunction restraining the defendant and his family members from trespassing into the plaintiff's L.R. No.GAKWA/KAHURURA/BLOCK III/203.  The plaintiff avers that there is no other suit pending between the parties.

The defendant neither entered appearance nor filed defence.  Interlocutory judgment was entered hence the matter was slated for formal proof on 28/2/2014.

The plaintiff testified in English and stated that he knew the defendant in the year 2007.  The defendant entered the plaintiff's shamba in  the year 2007 and built a temporary structure and brought his family on the parcel of land thus Gakawa/Kahurura/Block 3/203.

He produced a title deed as evidence that he was the proprietor of the parcel of land.The court was also shown the official certificate of search.  The plaintiff gave the defendant notice to vacate but the letter did not do so.

He seeks the court to issue an order of eviction of the defendant and his family members from L.R. No.GAKAWA/KAHURURUA/BLOCK III/203and costs of this suit.

The defendant having failed to appear and file defence and the plaintiff's evidence being the only available evidence, the court finds the same to be uncontrovented.

The plaintiff has proved on a balance of probabilities that he is registered as the absolute proprietor of the land Gakawa/Kahurura/BLK 3/203 and therefore has indefeasible title to the property.  The defendant on the other hand is a trespasser.

The upshot of the above is that judgment is entered for the plaintiff and  an order of eviction is issued to the plaintiff against the defendant as prayed in the plaint with costs to the plaintiff.  Orders accordingly.

Dated, signed and delivered on 9th day of May 2014.

A. OMBWAYO

JUDGE