[2009] KEHC 3754 (KLR)
The court found that since the respondent's claim for adverse possession had been dismissed and no appeal was filed, the respondent no longer had any legal interest in the suit property. The applicant, having lawfully subdivided and allocated the land to her children, was entitled to exclusive possession. The...
Source-derived case information.
- Citation
- [2009] KEHC 3754 (KLR)
- Parties
- Applicant: Amos Weru Murigu; Respondent: Martha Wangari Kambi; Respondent: Land Registrar Nyahururu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 33 of 2002
- Procedural Posture
- Civil Case / Ruling on Post Judgment Eviction Application
- Outcome
- Application allowed; eviction order granted.
- Judges
- JL Osiemo
- Legal Topics
- Adverse Possession, Eviction Orders, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Weru Murigu
Applicant
Martha Wangari Kambi
Respondent
Land Registrar Nyahururu
Respondent
Procedural Posture
Civil Case / Ruling on Post Judgment Eviction Application
Legal Issues
- 1 Whether the applicant is entitled to an order of eviction against the respondent following dismissal of the adverse possession claim.
- 2 Whether the respondent retains any interest in the suit land after judgment and lack of appeal.
Ratio Decidendi
The court found that since the respondent's claim for adverse possession had been dismissed and no appeal was filed, the respondent no longer had any legal interest in the suit property. The applicant, having lawfully subdivided and allocated the land to her children, was entitled to exclusive possession. The continued occupation by the respondent was therefore unlawful, and the applicant was entitled to an eviction order. The court granted the respondent three months to vacate, after which eviction would be enforced by the police if necessary.
Court Disposition
Application allowed; eviction order granted.
Orders
- Respondent to vacate the suit land within 3 months.
- If respondent fails to vacate, OCS Njabini Police Station to enforce eviction.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 33 of 2002 (O.S)
AMOS WERU MURIGU………………………………………..APPLICANT
VERSUS
MARTHA WANGARI KAMBI…………..………………1st RESPONDENT
LAND REGISTRAR NYAHURURU……...…………..2ND RESPONDENT
R U L I N G
Before me is an application by way of Chamber Summons dated 5th January 2009 brought by the 1st Defendant/Applicant seeking orders of eviction against the Plaintiff/Respondent following judgment delivered by this court on 30th September 2005 on the grounds as stated on the body of the Chamber Summons and supported by the affidavit sworn by the Applicant on 5th January 2009 in which she avers that the Respondent had on 9th January 2002 instituted a suit against her by way of Originating Summons claiming adverse possession of the suit property being LR No NYAHURURU/SOUTH KINAGOP/66 claiming that he had been in occupation of the suit land uninterrupted for over 22 years.
The suit was heard by Kariuki J. who dismissed the same with costs in his judgment delivered on 30th September 2005. The Applicant submitted that as the Respondent did not appeal against that judgment. She has subdivided the suit land resulting into six new titles which she has allocated to her children but the Respondent has denied them access and hence this application.
The Respondent having not appealed against the judgment of this court, he cannot claim any interest over the suit land.
Accordingly the Applicant’s application is allowed in terms of prayer 1 and 2 of the Chamber Summons dated 5th January 2009. The Respondent is given 3 months to vacate the suit land and if he does not vacate as ordered the OCS Njabini Police Station do enforce this eviction order.
The Applicant is also entitled to costs of this application and it is so ordered.
Dated and delivered at Nairobi this 5th day of May 2009.
J. L. A. OSIEMO
JUDGE