MICHAEL OTIENO MIRUWE v GEORGE OCHIENG OGONY [2010] KEHC 3142 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII

Civil Case 52 of 2007

MICHAEL OTIENO MIRUWE……………………………..PLAINTIFF

-VERSUS-

GEORGE OCHIENG OGONY……………………………………DEFENDANT

JUDGMENT

The plaintiff is the registered owner of land parcel L.R.Suna West/Wasimbete/1304 as shown by copy of Title Deed (exhibit 1) and Certificate of Official Search (exhibit 2). His case is that since 2007 the defendant has entered upon the land, planted a sisal fence and begun to cultivate thereon claiming he owned it. This, he did, without the authority of the plaintiff.

When the suit was filed on 17/5/2007 papers were served on the defendant but did not elicit any response. Temporary injunction was issued on 11/6/2007 and interlocutory judgment on 29/6/2007.

On this uncontroverted evidence, I find the plaintiff has made a case against the defendant and judgment is entered in his favour. Orders of eviction and permanent injunction are hereby issued against the defendant. Costs shall follow the event.

Dated, signed and delivered at Kisii this 20th day of January, 2010.

A.O.MUCHELULE

JUDGE

20/1/2010

Before A.O.Muchelule-J

Court clerk-Bibu

Mr. Oguttu for Mr. Kwanga for Plaintiff

COURT: Judgment in open Court.

A.O.MUCHELULE

JUDGE

20/1/2010