1. The Plaintiffs initiated this legal action against the Defendant through the submission of a plaint dated June 28, 2019, seeking the following requests:
a) A permanent injunction be imposed to restrain the Defendant, along with his agents, servants, workmen, legal representatives, or anyone claiming an interest through him, from trespassing, entering, remaining upon, encroaching, erecting any fences, or engaging in any manner whatsoever with the land parcels identified as Chembe/Kibabamshe/612, 613, and 614, as well as the original Chembe/Kibabamshe/360.
b) Costs of this suit
c) Interest at Court rates on 2 above.
d) Any other relief this court may consider appropriate in the circumstances.
2. The Defendant opted not to present any defense or to enter an appearance. In contrast, the Plaintiffs elicited testimony from two witnesses who corroborated their assertions and submitted Exhibits 1 through 6, which confirm that the 1st Plaintiff is the registered proprietor of the parcel of land designated as Chembe/Kibabamshe/360. This parcel has undergone several subdivisions, each consisting of one acre. The Plaintiff submitted the sale agreement executed between the 1st Plaintiff and the 3rd and 4th Plaintiffs, in addition to the title deeds registered in the names of the 3rd and 4th Plaintiffs, and the sale agreement between the 1st Plaintiff and the 2nd Plaintiff. Furthermore, the mutation forms, along with the survey report that verifies the condition of the land, were also provided, as well as the Kenya Gazette Notice.
3. In May 2019, the Defendant unlawfully entered the parcel of land belonging to the 2nd, 3rd, and 4th Plaintiffs without any form of legal right. The Defendant demolished the perimeter wall on plot number 614 and constructed a fence around parcel numbers Chembe/Kibabamshe/612, 613, and 614. As a result of these unlawful actions by the Defendant, the Plaintiffs are now impeded from accessing their respective properties.
4. All evidence presented by the Plaintiffs and the testimonies included in their statements have not been contested in any manner whatsoever.
5. In light of the fact that this suit remains undefended and that the Plaintiffs have successfully substantiated their claims in accordance with the requisite legal standards, the Plaintiffs' suit succeeds as requested, along with the associated costs.
Dated, signed, and delivered virtually in Malindi on this 15th day of May 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Otara for the Plaintiffs
Happy: Court Assistant
a) A permanent injunction be imposed to restrain the Defendant, along with his agents, servants, workmen, legal representatives, or anyone claiming an interest through him, from trespassing, entering, remaining upon, encroaching, erecting any fences, or engaging in any manner whatsoever with the land parcels identified as Chembe/Kibabamshe/612, 613, and 614, as well as the original Chembe/Kibabamshe/360.
b) Costs of this suit
c) Interest at Court rates on 2 above.
d) Any other relief this court may consider appropriate in the circumstances.
2. The Defendant opted not to present any defense or to enter an appearance. In contrast, the Plaintiffs elicited testimony from two witnesses who corroborated their assertions and submitted Exhibits 1 through 6, which confirm that the 1st Plaintiff is the registered proprietor of the parcel of land designated as Chembe/Kibabamshe/360. This parcel has undergone several subdivisions, each consisting of one acre. The Plaintiff submitted the sale agreement executed between the 1st Plaintiff and the 3rd and 4th Plaintiffs, in addition to the title deeds registered in the names of the 3rd and 4th Plaintiffs, and the sale agreement between the 1st Plaintiff and the 2nd Plaintiff. Furthermore, the mutation forms, along with the survey report that verifies the condition of the land, were also provided, as well as the Kenya Gazette Notice.
3. In May 2019, the Defendant unlawfully entered the parcel of land belonging to the 2nd, 3rd, and 4th Plaintiffs without any form of legal right. The Defendant demolished the perimeter wall on plot number 614 and constructed a fence around parcel numbers Chembe/Kibabamshe/612, 613, and 614. As a result of these unlawful actions by the Defendant, the Plaintiffs are now impeded from accessing their respective properties.
4. All evidence presented by the Plaintiffs and the testimonies included in their statements have not been contested in any manner whatsoever.
5. In light of the fact that this suit remains undefended and that the Plaintiffs have successfully substantiated their claims in accordance with the requisite legal standards, the Plaintiffs' suit succeeds as requested, along with the associated costs.
Dated, signed, and delivered virtually in Malindi on this 15th day of May 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Otara for the Plaintiffs
Happy: Court Assistant