[2013] KEHC 952 (KLR)
The court found that the plaintiff had proved his case on a balance of probabilities by producing the title deed for land parcel NO. ITHIMA/NTUNENE/40, establishing his registered ownership. The defendant, having failed to appear or defend the suit despite proper service, was deemed to have no lawful claim to the...
Source-derived case information.
- Citation
- [2013] KEHC 952 (KLR)
- Parties
- Plaintiff: Baikiamba Kirimania; Defendant: M'Mauta Nkari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 164 of 2012
- Procedural Posture
- Formal Proof / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Dispute, Eviction, Permanent Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baikiamba Kirimania
Plaintiff
M'Mauta Nkari
Defendant
Procedural Posture
Formal Proof / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of land parcel NO. ITHIMA/NTUNENE/40.
- 2 Whether the defendant has unlawfully occupied or interfered with the plaintiff's land.
- 3 Whether the plaintiff is entitled to a permanent injunction and eviction orders against the defendant.
Ratio Decidendi
The court found that the plaintiff had proved his case on a balance of probabilities by producing the title deed for land parcel NO. ITHIMA/NTUNENE/40, establishing his registered ownership. The defendant, having failed to appear or defend the suit despite proper service, was deemed to have no lawful claim to the property. The court held that the plaintiff was entitled to protection of his proprietary rights, including a permanent injunction restraining the defendant from interfering with the land and an order for eviction. The court further ordered that the costs of the suit be awarded to the plaintiff and that the orders be enforced by the OCS Laare Police Station.
Court Disposition
Judgment for the plaintiff.
Orders
- A permanent injunction restraining the defendant, his agents, servants, employees, or any person acting on his behalf from moving into, entering, trespassing, alienating, constructing, or in any other manner interfering with the plaintiff's ownership, possession, occupation, and use of land parcel NO....
- An order of eviction of the defendant from land parcel NO. ITHIMA/NTUNENE/40.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 164 OF 2012
BAIKIAMBA KIRIMANIA..................................................... PLAINTIFF
VERSUS
M'MAUTA NKARI.............................................................DEFENDANT
J U D G M E N T
Formal proof proceedings in this matter took place on 19. 9.2013. The plaintiff told the Court that an Interlocutory Judgment had been entered against the defendant. He also lamented that despite service, the defendant had refused to come to Court.He had also refused to move out of his land Parcel NO.ITHIMA /NTUNENE/40. The plaintiff presented to Court his Title Deed showing that he was the registered owner of land Parcel NO. ITHIMA/NTUNENE/40.
He sought the orders contained in his prayers in the plaint.
I find that the plaintiff has proved his case. It is ordered as follows:
Judgment is entered against the defendant for a permanent injunction restraining him, his agents, servants and/or employees or whomsoever else acting on his behalf or behest from moving into, entering,trespassing,alienating,constructing and/or in any other manner whatsoever from interfering with the plaintiff's ownership, possession, occupation and use of his Land Parcel NO.ITHIMA/NTUNENE/40.
An order of eviction of the defendant from the plaintiff's land parcel NO. ITHIMA/NTUNENE/40.
Costs of this suit are awarded to the plaintiff.
Court orders herein be enforced by the OCS Laare Police Station
Dated and delivered in Open Court at Meru this 19th day of September, 2013 in the presence of:
Cc. Mwonjaru
Baikiamba Kirimania – Plaintiff
P. M. NJOROGE
JUDGE