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ELCAllowedNot stated in the judgment· [2017] KEELC 3720 (KLR)
Omar Awadh Omar (Suing as the Legal Attorney and Agent of Mohamed Ahmed Mohamed, Zubeida Said Abdalla, Ahmed Said Abdalla and Hadija Said Abdalla) v Charles Wekesa & 67 others [2017] KEELC 3720 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Plaintiff, son of the late Zubeida Said Abdalla and holder of a Power of Attorney from the co-owners of Plot Number 270 Witu, sued the Defendants for eviction, alleging they had invaded the suit land. Although served by advertisement in the Daily Nation of 16th August 2014, the Defendants neither entered appearance nor filed a defence, and the suit proceeded as an undefended hearing on 26th April 2016. Four witnesses testified: the Plaintiff, his mother, his nephew, and his grandfather Mohamed Ahmed Mohamed, one of the registered proprietors. They produced a certificate of ownership showing the 1,020-acre plot was registered to Mohamed Shiekh Mohamed, Said Abdalla Mohamed and Mohamed Ahmed Mohamed on 28th October 1986, and a Kadhi's order in Succession Cause No. 15 of 2012 showing the heirs and distribution of the deceased co-owner's estate. The witnesses testified that the Defendants chased away a surveyor engaged to demarcate the land, erected temporary structures, and refused to vacate despite a District Officer's meeting directing them to do so. Finding no contrary evidence, the court held the Plaintiff's side entitled to the land to the exclusion of the Defendants. The Plaint dated 19th May 2014 was allowed in full: an eviction order with demolition of structures within 90 days, a permanent injunction against trespass, police enforcement of the orders, and costs against the Defendants.
Key legal issues
#01
Entitlement to the suit land and eviction of trespassers
Holding
The court found the Plaintiff (through the registered co-owners) entitled to the suit land to the exclusion of the Defendants and granted eviction and a permanent injunction.
Reasoning
The Plaintiff produced a certificate of ownership showing Plot Number 270 measuring 1,020 acres registered to Mohamed Shiekh Mohamed, Said Abdalla Mohamed and Mohamed Ahmed Mohamed on 28th October 1986, plus a Kadhi's succession order identifying the heirs of the deceased co-owner. Witness testimony established trespass, chasing away of the surveyor, and refusal to vacate despite a District Officer's meeting. With no evidence to the contrary, the claim succeeded in full.
p. 5
Legal principles established
#- Where defendants are served but neither enter appearance nor file a defence, uncontroverted plaintiff evidence may sustain judgment in the plaintiff's favour.
Court orders
#- 1.An order of eviction evicting the Defendants, their agents, servants or any person claiming under them from Plot Number 270 Witu (Funga/Zombo) within Lamu county, and demolition of all structures on the suit land within 90 days from the date of judgment
- 2.A permanent injunction restraining the Defendants, their children, servants and/or agents from trespassing on, farming and/or in any other manner dealing with plot number 270 Witu (Funga/Zombo)
- 3.The Officer Commanding Police Station under which Witu in Lamu county falls to enforce the orders
- 4.The Defendants to pay the costs of the suit
- Jurisdiction invoked
- Not expressly stated; original civil jurisdiction over land (Plaint dated 19th May, 2014)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omar Awadh Omar (Suing as the Legal Attorney and Agent of Mohamed Ahmed Mohamed, Zubeida Said Abdalla, Ahmed Said Abdalla and Hadija Said Abdalla) v Charles Wekesa & 67 others [2017] KEELC 3720 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3720/eng@2017-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.