Miti Limited v Suleiman & 4 others [2023] KEELC 18665 (KLR)

Miti Limited v Suleiman & 4 others (Environment & Land Case 006 of 2021) [2023] KEELC 18665 (KLR) (10 July 2023) (Judgment)

Neutral citation: [2023] KEELC 18665 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case 006 of 2021

PM Njoroge, J

July 10, 2023

Between

Miti Limited

Plaintiff

and

Abdi Aziz Suleiman

1st Defendant

Bishar Suleman

2nd Defendant

Nyara Youth Group sued thro, its Chairman

3rd Defendant

Sec. Lands, Ministry of Lands

4th Defendant

Attorney General

5th Defendant

Judgment

1. All the defendants and all their advocates did not come to court. Having satisfied myself that the hearing Notice had been duly served, I directed that the hearing proceeds ex-parte in the absence of the defendants.

2. Mr Mutunga told the court that the plaintiff was relying on all her pleadings and asked the court to enter Judgement in her favour. He explained that as the defendants were not in court, it was not feasible that the plaintiff would be cross-examined.

3. PW1, Stephen Gathogo Njuguna, told the court that he relied on his pleadings and his exhibits in the list of documents in the court file. He asked the court to grant his prayers as contained in the company’s plaint dated 5th February, 2014. He also asked the court to grant the company costs of the suit. He further asked the court to admit the exhibits in the list of documents.

4. The said documents are admitted as the Plaintiffs Exhibit No. 1 as a bundle.

5. I find that in the absence of all the defendants and all their advocates, and in terms of order 12 of the Civil Procedure Rules which allows the court to proceed with hearing of the suit when the defendants fail or refuse to come to court during the day slated for hearing, the court should enter Judgement in favour of the plaintiff.

6. I issue the following orders;a.It is hereby declared that the plaintiff is the legal owner of the property known as Isiolo Township Block 5/11. b.The defenants’ counter-claim is hereby dismissed.c.An order is hereby issued directing the 4th defendant to issue the Plaintiff’s lease expeditiously.d.An order of permanent injunction is hereby issued restraining the 1st, 2nd and 3rd Defendants, their joint and several agents, servants or beneficiaries from entering upon, trespassing, constructing or conducting business on the plaintiff’s property known as Isiolo Township Block 5/11. e.An order of Eviction is hereby issued against the 1st, 2nd and 3rd defendants, their joint and several agents, servants or beneficiaries from entering upon trespassing, constructing or conducting business on the plaintiff’s property known as Isiolo Township Block 5/11. f.Costs are awarded to the plaintiff.

DELIVERED IN OPEN COURT AT ISIOLO THIS 10TH DAY OF JULY, 2023 IN THE PRESENCE OF:Court Assistant: BaloziMr Mutunga for the Plaintiff.All defendants and their advocates absent.HON. JUSTICE P.M NJOROGEJUDGE