Florence Nafula Namukana & Douglas Wamukota v Daudi Musa Manyonge & Wachilonga Wanyama Manyonge [2017] KEHC 1559 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

ENVIRONMENT AND LAND CASE NO. 224 OF 2013

1. FLORENCE NAFULA NAMUKANA.........................1ST PLAINTIFF

2. DOUGLAS WAMUKOTA.........................................2ND PLAINTIFF

VERSUS.

1. DAUDI MUSA MANYONGE..................................1ST DEFENDANT

2. WACHILONGA WANYAMA MANYONGE...........2ND DEFENDANT

JUDGEMENT

[1].  The plaintiff filed this case praying for an order of eviction against the defendants whom he had alleged,  that they occupied 100 x 100 feet of his land Bokoli/Bokoli/1502.

[2]. The defendants filed their respective defences on 17th October of 2013 and generally denied the plaintiffs claim.

[3]. The case was fixed for hearing on 6/11/2017.  However on that date only the plaintiff attended and his witnesses.  He gave his evidence and relied on his written statements dated 7/10/2013.  He called one Douglas Wamukota who gave evidence on his behalf who equally relied on his written statements dated 2/8/2013.

[4]. The plaintiffs claim in this case has not been opposed in any way by the defendants.  I therefore allow the claim as prayed with costs.

Judgment read in Open Court.

Datedat Bungomathis  18thday of  December,2017.

S. MUKUNYA

JUDGE

In the presence of:

Hon. S. Mukunya  (Judge)

Joy:  Court Assistant

Okwi for Khakula for the Plaintiff

Defendant represented by Kundu for the defendant