Case ID:175944

Moses Kimaiyo Kipsang v George Kiprotich Kirui & 2 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 72 of 2019

Parties:

Moses Kimaiyo Kipsang v George Kiprotich Kirui, Joyce Koech & Dominic Kiprotich

Date Delivered:

25 May 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Judgment

Judge(s):

Francis Mwangi Njoroge

Citation:

Moses Kimaiyo Kipsang v George Kiprotich Kirui & 2 others [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Plaint allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

LAND CASE NO. 72 OF 2019

MOSES KIMAIYO KIPSANG......................................PLAINTIFF

VERSUS

GEORGE KIPROTICH KIRUI.........................1

ST

DEFENDANT

JOYCE KOECH………………………………2

ND

DEFENDANT

DOMINIC KIPROTICH..................................3

RD

DEFENDANT

JUDGMENT

The plaintiff filed this suit vide a plaint dated

3/12/2019

and sought an injunction against the defendants jointly and severally restraining them from in any manner interfering with the suit land and an order of eviction from the suit land of the defendants and their agents, servants, employees or any other person claiming through them and demolition of all illegal structures erected thereon. He also sought a declaration that he is the lawful owner of the suit land which is described as

Lelan/Kaptalamwa/123,

costs of the suit and interest. The defendants though served never filed their appearance or defence and the suit proceeded to hearing

ex-parte

. The plaintiff alone testified in his case and adopted his written witness statement dated

3/12/2019

as his evidence-in-chief. I have considered the pleadings and the evidence and the filed submissions. From the pleadings evidence and submissions, it is clear that the defendants appear to know the full extent and the proper boundary of the plaintiff’s parcel but they are not willing to observe and keep to the boundary and have trespassed on the plaintiff’s land as claimed. I find that the plaintiff has established his claim against the defendants on a balance of probabilities. Consequently, I enter judgment in the plaintiff’s favour against the defendants jointly and severally as prayed in

prayers nos (a), (b)

and

(c)

of the plaint dated

3/12/2019

.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

25

th

day of

May, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.