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ELCAllowedLand Case No. 90 of 2009· [2015] KEELC 682 (KLR)
Christopher Wanyama Wekesa v Antony Wesakulila & 19 others [2015] KEELC 682 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A registered landowner won eviction of twenty occupiers because none of them showed up to testify against his title.
What this practically means
#Executive summary
#The plaintiff sued twenty defendants seeking eviction from LR. No. Kiminini/Kinyoro Block 3/Matisi/687, a 0.828-hectare parcel transferred to him by his father following sub-division of LR. No. Kiminini/Kinyoro Block 3/Matisi/30. He claimed that around 2000 the defendants invaded the land and erected structures, and that neither the area chief's intervention nor a demand letter secured their departure. Six defendants (the 7th, 10th, 12th, 15th, 18th and 19th) entered appearance and filed defences; the rest did not. At the hearing, however, the defendants who had filed defences and their advocate were absent, and the matter proceeded ex parte. The plaintiff produced his title deed issued on 9 February 1996, a mutation form, and a Land Control Board consent application. Although some defendants had alleged that the plaintiff obtained title by fraud, and others claimed to have bought the land from the plaintiff's father, none came to testify. Obaga J held that the plaintiff's evidence therefore remained uncontroverted and that he had proved his case on a balance of probabilities. The court issued an order of eviction against all the defendants from the suit land and awarded costs of the suit to the plaintiff. The judgment was dated, signed and delivered at Kitale on 26 January 2015, with M/s Arunga appearing for the plaintiff and Kassachoon as court clerk.
Key legal issues
#01
Proof of claim for eviction on a balance of probabilities
Holding
The plaintiff proved his case on a balance of probabilities and was entitled to eviction of the defendants from the suit land
Reasoning
The plaintiff produced his title deed issued on 9/2/1996, a mutation form showing the suit land was to be hived from LR. No. Kiminini/Kinyoro Block 3/Matisi/30, and a Land Control Board consent application. Defendants who alleged fraud or purchase from the plaintiff's father did not testify, so the plaintiff's evidence was uncontroverted and his title unimpaired.
p. 2
Legal principles established
#- Where a defendant's allegation of fraud or purchase is not supported by any testimony, the plaintiff's uncontroverted evidence stands
- A registered proprietor who proves title on a balance of probabilities is entitled to an order of eviction against persons in occupation
Court orders
#- 1.An order of eviction issued against the defendants from LR. No. Kiminini/Kinyoro Block 3/Matisi/687
- 2.The defendants to pay costs of the suit to the plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes concerning registered land (environment and land use/occupation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christopher Wanyama Wekesa v Antony Wesakulila & 19 others [2015] KEELC 682 (KLR)", Case Analysis (2015). Land Case No. 90 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/682/eng@2015-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.