Franics Aliga Okuso v Dorcus Omega [2017] KEHC 2854 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

ENVIRONMENT AND LAND CASE NO. 19 OF 2015

FRANICS ALIGA OKUSO.......................................PLAINTIFF

VERSUS

DORCUS OMEGA................................................DEFENDANT

JUDGMENT

[1].  The plaintiff is the registered owner of Kakamega/Sango/1541 comprising of 1. 4ha.  He purchased the same from one Ben Simwa Zablon for Kshs.147,000/= on 1/10/2013.

[2].  The defendant is the daughter In-law of Ben Simwa Zablon who was living with him on the suit land.  She was supposed to move with the said Ben Simwa Zablon to Kitale.  She refused and without express authori ty of the Plaintiff and Ben Simwa Zablon aforesaid, continued to live on the suit land despite being asked to move and vacate out of the said land.  She has since constructed a temporary structure and continued to live therein hindering the plaintiff full use and occupation of the said land.  The defendant was served with the plaint herein and having failed to file appearance and a verifying affidavit within the time prescribed by Law, an interlocutory Judgment was entered on 19/6/2015.  The case came up for formal proof on 24/5/2017 and the respondent was served and she failed to attend the court and the case was formerly proved.  Francis Aliga Ouso told the court that he bought the land Kakamega/Sango/154 from Ben Simwa Zablon for Kshs.147,000/= and that he attended Land Control Board and a Consent was given subsequently a title deed issued.  He produced all documents relating to that process.  He said that Ben Simwa bought land in Matunda Kitale.  He told the court that the defendant was a daughter in Law to Ben Simwa he wanted her to move to Kitale but she has not done so.  He asked the court to ask the defendant to move and vacate out of the suit land.

Having heard the plaintiff in his evidence on formal proof, and there being no opposition to the same, I grant the orders as prayed and specifically order that the respondent do move out and vacate the suit land as prayed.  The suit is allowed with costs.

Judgment read in Open Court in the presence of M/s Wanjala.

Dated at Bungoma this3rd day ofOctober, 2017

S. MUKUNYA

JUDGE

In the presence of:

Court Assistants:  Glady/Joy

Miss Wanjala for Madam Nanzushi for the Plaintiff

Miss Wanjala, case proceeded Exparte