[2013] KEHC 3434 (KLR)
The court found that the plaintiff had produced a valid title deed for land parcel MBEERE/KIRIMA/3548, establishing him as the rightful owner. The defendant failed to appear or contest the claim, and there was no evidence challenging the plaintiff's ownership. The court held that the plaintiff was entitled to an...
Source-derived case information.
- Citation
- [2013] KEHC 3434 (KLR)
- Parties
- Plaintiff: Ambrose Kithaka Njeru; Defendant: Njeru Thitha
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 155 of 2011
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment Due to Non Appearance by Defendant
- Outcome
- Judgment for the plaintiff. Eviction order granted. Claim for mesne profits denied. Plaintiff awarded costs and interest.
- Legal Topics
- Eviction, Title Ownership, Mesne Profits, Uncontested Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ambrose Kithaka Njeru
Plaintiff
Njeru Thitha
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment Due to Non Appearance by Defendant
Legal Issues
- 1 Whether the plaintiff is the rightful owner of land parcel MBEERE/KIRIMA/3548.
- 2 Whether the plaintiff is entitled to an order of eviction against the defendant and his agents.
- 3 Whether the plaintiff is entitled to mesne profits.
Ratio Decidendi
The court found that the plaintiff had produced a valid title deed for land parcel MBEERE/KIRIMA/3548, establishing him as the rightful owner. The defendant failed to appear or contest the claim, and there was no evidence challenging the plaintiff's ownership. The court held that the plaintiff was entitled to an order of eviction against the defendant and his agents. However, the claim for mesne profits was denied as it was not specifically pleaded or proved, in accordance with the requirement for special damages. The plaintiff was awarded costs and interest as prayed.
Court Disposition
Judgment for the plaintiff. Eviction order granted. Claim for mesne profits denied. Plaintiff awarded costs and interest.
Orders
- The defendant, his family members, agents, servants and/or employees are to be evicted from land parcel No. MBEERE/KIRIMA/3548.
- The plaintiff is awarded costs of the suit plus interest.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Civil Case 155 of 2011 [if gte mso 9]><![endif]
AMBROSE KITHAKA NJERU ..............................................PLAINTIFF
VERSUS
NJERU THITHA …....................…........................... 1ST DEFENDANT
J U D G M E N T
The Plaintiff's case against the Defendant is for an order of eviction of the Defendant's family members, agents, servants and/or employees from land parcel No.Mbeere/Kirima/3548 and mesne profits 2010. He also prayed for costs.
The record shows the Defendant was served on 2/11/2011 at Kamurugu village. He did not enter appearance nor file defence. Interlocutory Judgment was entered and the matter proceeded to formal proof.
In his evidence the Plaintiff testified that he is the registered owner of land title number MBEERE/KIRIMA/3895. He even produced a copy thereof as (PEXB1). He further stated that the Defendant moved onto this land in 2009 without his authority. Attempts to remove or have the Defendant removed through the administration has not born any fruits. He therefore asked the Court to assist him remove him.
The Plaintiff has produced in Court a title in the names of AMBROSE KITHAKA NJERU ID NO.3616341. The title deed was issued on 26th May 2011. He also produced a receipt of the same date shs.1500/= being fees for the title deed. There is nothing on record challenging this title deed or ownership of the land. The Defendant has not challenged the Plaintiff's claim of ownership through a defence or even appearance. The Plaintiff had made a prayer for msne profits. This is a special damage and must be specifically pleaded and proved. He did not do that.
I do find that the Plaintiff is the rightful owner of the land number MBEERE/KIRIMA/3548. I therefore enter Judgment for him in terms of prayer number one of his plaint. He will also get costs plus interest.
DATED, SIGNED AND DELIVERED AT EMBU THIS 15THDAY OF MAY 2013.
H.I. ONG'UDI
J U D G E
In the presence of;
Mr. Momanyi for Plaintiff
Plaintiff
Njue – C/c
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