Automated Summary
Key Facts
The plaintiff, Charles Mogire Ondiekil, is the registered proprietor of LR No. Kasipul/Kojwach Kawere/310. Defendants Clivance Owino Ojwang (1st) and Caroline Aoko (4th) trespassed onto the land in 2007 without permission, cultivated it, and constructed homes. The court found the plaintiff proved ownership via title deeds and official search certificates, confirming the 1st and 4th defendants committed trespass. The 2nd and 3rd defendants vacated the property. Judgment was entered in default of appearance for all defendants. The court ordered the 4th defendant to vacate the lower portion of the land within 90 days and awarded costs to the plaintiff against the 1st defendant. Judgment delivered on 14 June 2013.
Issues
- Whether the plaintiff's ownership of the suit property, evidenced by a title deed and certificate of official search, establishes his right to evict the defendants from the lower portion of the land despite an alleged subdivision agreement.
- Whether the defendants committed trespass by entering and occupying the plaintiff's registered land without lawful authority or consent, as defined under Clerk & Lindsell on Torts.
Holdings
- The court found that the 4th defendant trespassed on the plaintiff's property and ordered her to vacate the occupied portion within 90 days of personal service of the judgment.
- The court ruled that the 1st defendant is liable for the costs of the suit as he caused the trespass by allowing the 4th defendant to occupy the property.
Remedies
- The 1st defendant is ordered to pay the costs of the suit to the plaintiff, as they failed to appear or contest the case.
- The 4th defendant is ordered to vacate the portion of the suit property under their occupation within ninety (90) days from the date of personal service of this judgment and decree.
Legal Principles
The court relied on the legal definition of trespass as an unjustifiable intrusion on another's land and the principle that proof of ownership serves as prima facie proof of possession, as outlined in Clerk & Lindsell on Torts.
Judge Name
S. OKONG'O
Passage Text
- the Plaintiff is therefore entitled to recover the portion of the suit property which is in the occupation of the 4th defendant.
- trespass to land is defined as consisting of 'any unjustifiable intrusion by one person upon land in the possession of another.' In the same book, it is stated that trespass is actionable at the suit of the person in possession of the land (paragraph 18-10) and that proof of ownership is a prima facie proof of possession (paragraph 18-110).