[2004] KEHC 1542 (KLR)
The court found that the plaintiff had established ownership of the suit property by producing a valid title deed. The defendants, having been served but failing to appear or defend the suit, were deemed to have admitted the plaintiff's claim. The evidence, including letters from the area chief, confirmed the...
Source-derived case information.
- Citation
- [2004] KEHC 1542 (KLR)
- Parties
- Plaintiff: Gatimu Ndegwa; Defendant: Maritim Tessot & Others
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 74 of 2003
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Trespass to Land, Eviction Orders, Injunctions, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gatimu Ndegwa
Plaintiff
Maritim Tessot & Others
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants trespassed onto the plaintiff's property MOLO SOUTH/IKUMBI/BLOCK 12/484.
- 2 Whether the plaintiff is entitled to eviction orders and an injunction against the defendants.
Ratio Decidendi
The court found that the plaintiff had established ownership of the suit property by producing a valid title deed. The defendants, having been served but failing to appear or defend the suit, were deemed to have admitted the plaintiff's claim. The evidence, including letters from the area chief, confirmed the defendants' continued occupation and trespass. The court held that the plaintiff was entitled to eviction orders and an injunction to protect his proprietary rights, as the defendants had no lawful claim to the property.
Court Disposition
Judgment for the plaintiff.
Orders
- Eviction orders granted against the defendants, their agents, servants, and all persons claiming under them from MOLO SOUTH/IKUMBI/BLOCK 12/484.
- Permanent injunction restraining the defendants, their agents, servants, and all persons claiming under them from entering or interfering with the plaintiff's property.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL SUIT NO. 74 OF 2003
GATIMU NDEGWA………………………………..…………..PLAINTIFF
VERSUS
MARITIM TESSOT & OTHERS……………….…..………..DEFENDANT
JUDGMENT
The Plaintiff filed suit against the defendants claiming that they had since 1996 trespassed into his property known as MOLO SOUTH/IKUMBI/BLOCK 12/484 (Gacharage) and erected temporary structures thereon. He stated that he had made considerable effort through the local provincial administration to remove the defendants but only a few of them had moved out of his aforesaid property. All the named defendants were served with the court process and an affidavit of service to that effect was filed but they did not enter appearance or file any defence and consequently interlocutory judgment was entered against all the defendants on 25th August, 2003.
The Plaintiff produced a title deed for his aforesaid property Exhibit 1 so as to prove that the suit property was truly his. He also produced two letters, Exhibits 2 and 3, which were from the area chief confirming that the defendants had made promises that they would move out of the property but they had failed to do so. The Plaintiff therefore prayed for eviction orders against the defendants, their agents, servants and all other people claiming their title under them. He also prayed for an injunction to restrain the same persons from entering or in any other manner interfering with his said property. I am satisfied that the plaintiff has proved his case on a balance of probabilities and I enter judgment as prayed for together with costs and interests.
DATED SIGNED & DELIVERED at Nakuru this 26th day of March, 2004.
DANIEL K. MUSINGA
AG. JUDGE
26/3/2004
Judgment delivered in open court in the presence of Mr. Thuo for the plaintiff.
DANIEL K. MUSINGA
AG. JUDGE
26/3/2004