COPY REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA ELC. NO. 214 OF 2013 AMINA MBARA AWADHI AHMADA HAMID .......................................................... PLAINTIFFS - VERSUS SWALEH ABUBAKAR ........................... .......................... DEFENDANT JUDGMENT [1] The plaintiffs claim against the defendant is that the defendant has encroached by 29.578M Square in to their plot subdivision Number 9083 (original No. 6208/19) of Section 11 Mainland North. The plaintiffs say that they want to start building a home but are prevented to do so by the trespass of the plaintiff on their land. They aver that they have given the defendant sufficient time to give up vacant possession. The plaintiffs requested for judgment on 29th January, 2014 after service on the defendant and failure by the defendant to enter appearance. [2] Ahmada Ahmed Hamid gave evidence and explained how the defendant has entered his plot and that half of his house is on the plaintiffs land at Mishomoroni. He informed the court that he bought his house in 2004 and produced a title deed. He gave evidence that he has asked the defendant to remove his structures. That he has not done so. that he continues to build and he says that he will not move. The plaintiff said that he needed an order to ask the defendant to move out of his land and place back the beacons. [3] The defendant was served in this case and he did not enter appearance. The plaintiffs evidence herein is not controverted at all. The plaintiffs claim against the defendant succeeds and is allowed as prayed in the plaint. Dated and delivered in open court at Mombasa this 14th day of November, 2014. S. MUKUNYA JUDGE 14.11.2014 In the presence of: Miss. Fwaya advocate for Mr. Kideki advocate for the plaintiff'
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.