[2008] KEHC 3551 (KLR)
The court found that the applicant had demonstrated a proprietary interest in the disputed premises and had established a prima facie case with a probability of success. The court considered the evidence of ownership, including the certification by the Town Clerk and the outcome of the succession proceedings. The...
Source-derived case information.
- Citation
- [2008] KEHC 3551 (KLR)
- Parties
- Plaintiff: Charity Wambogo Benson; Defendant: Loise Gicuku Kibaru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 79 of 2007
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion
- Outcome
- orders granted in terms of prayer 2; costs in the cause
- Legal Topics
- Eviction, Permanent Injunction, Joint Ownership, Succession, Proprietary Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charity Wambogo Benson
Plaintiff
Loise Gicuku Kibaru
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion
Legal Issues
- 1 Whether the plaintiff is entitled to an order of eviction against the defendant from plot No. 222 Runyenjes.
- 2 Whether a permanent injunction should issue restraining the defendant from interfering with the plaintiff's possession of the premises.
- 3 Whether the property is jointly owned by the husbands of both parties and the effect of the succession proceedings on ownership.
Ratio Decidendi
The court found that the applicant had demonstrated a proprietary interest in the disputed premises and had established a prima facie case with a probability of success. The court considered the evidence of ownership, including the certification by the Town Clerk and the outcome of the succession proceedings. The court was satisfied that the applicant's rights warranted protection through the grant of an injunction as sought in prayer 2 of the Notice of Motion. The court therefore granted the orders in terms of prayer 2, with costs to be in the cause.
Court Disposition
orders granted in terms of prayer 2; costs in the cause
Orders
- Prayer 2 of the Notice of Motion dated 27/7/2007 is granted.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Civil Suit 79 of 2007
CHARITY WAMBOGO BENSON………….…………………PLAINTIFF
VERSUS
LOISE GICUKU KIBARU…………………………………DEFENDANT
RULING
The plaintiff claims orders for the eviction of Defendant from premises on plot No. 222 Runyenjes and a permanent injunction plus costs of suit. The defendant pleads that the property is jointly owned by the husbands of both parties and that in Succession Suit No. 6 of 1998 Josephine Martha Kibaru and Loise Njura Kibaru were granted husbands share in plot No. 222 Runyenjes Municipality. The plot is certified by Town Clerk of Runyenjes Municipality to belong to:-
1. Benson Mavula Kabele
2. Kibaru Runyenje
I have perused the Notice of Motion dated 27/7/2007 prayer 1 is already granted. Regarding prayer 2 the Applicant have demonstrated that they have proprietary interest in the disputed premises and therefore have shown a prima facie case with chances of success.
In the circumstances, orders are granted in terms of prayer 2. Costs shall be in the cause.
It is so ordered.
Dated this 14th February, 2008.
J. N. KHAMINWA
JUDGE
14/2/2008
Khaminwa – Judge
Njue – Clerk
Mr. Utuku
Ms Fatuma HB for Kathungu
Parties present
Read in open court.
J. N. KHAMINWA
JUDGE