[2007] KEHC 1519 (KLR)
The court found that the plaintiff had provided sufficient documentary evidence of the transfer of one acre of land from Ambrosina Njeri Waititu, including a written agreement and correspondence with the land buying company, which acknowledged and minuted the transfer. The defendant, having failed to appear or...
Source-derived case information.
- Citation
- [2007] KEHC 1519 (KLR)
- Parties
- Plaintiff: Daniel Tirithia Ithiria; Defendant: Phabias Ndegwa Wanjohi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 23 of 2006
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment
- Outcome
- Judgment for the plaintiff. Eviction order granted. Costs awarded to plaintiff.
- Legal Topics
- Eviction, Land Transfer, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Tirithia Ithiria
Plaintiff
Phabias Ndegwa Wanjohi
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to eviction of the defendant from parcel MWICHUIRI/NAROMORU/35.
- 2 Whether the plaintiff lawfully acquired ownership of one acre of the property through transfer from Ambrosina Njeri Waititu.
Ratio Decidendi
The court found that the plaintiff had provided sufficient documentary evidence of the transfer of one acre of land from Ambrosina Njeri Waititu, including a written agreement and correspondence with the land buying company, which acknowledged and minuted the transfer. The defendant, having failed to appear or contest the claim, did not rebut the plaintiff's evidence. The court was satisfied that the plaintiff had proved his case on a balance of probabilities and was therefore entitled to judgment for eviction of the defendant from the specified parcel of land.
Court Disposition
Judgment for the plaintiff. Eviction order granted. Costs awarded to plaintiff.
Orders
- The defendant shall be evicted from parcel of land No. MWICHUIRI/NAROMORU/35.
- The plaintiff is awarded the costs of this suit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 23 of 2006
DANIEL TIRITHIA ITHIRIA….………….…….......….……PLAINTIFF
Versus
PHABIAS NDEGWA WANJOHI……..…………….….DEFENDANT
JUDGMENT
The Plaintiff’s claim is that Ambrosina Njeri Waititu transferred one acre of property MWICHUIRI/NAROMORU/35 as a gift to the Plaintiff. The Plaintiff exhibited in evidence the agreement between himself and Miss Waititu. The agreement is dated 19th January 2006. The Plaintiff thereafter began to develop that one acre even before notification of the transfer was given to the land buying company Mwichuiri Farmers Ltd. The Defendant came on the land without any reasonable cause and has continued to be there. The Plaintiff seeks his eviction. The Defendant was served with the summons and plaint but failed to enter an appearance within the prescribed period. Interlocutory judgment was entered against him. This case therefore came before court for formal proof. The Plaintiff in further evidence gave copies of the letter written by Miss Waititu to the Mwichuiri Farmers Limited notifying them that she had transferred one acre to the Plaintiff. That letter is dated 28th January 2006. That land buying company responded by their letter dated 6th June 2006 where they confirmed receipt of the letter and confirmed that they had noted that Miss Waititu had transferred one acre to the Plaintiff. They also confirmed that the transfer had been minuted.
The court having considered the evidence adduced by the Plaintiff, is satisfied that the Plaintiff has proved his claim on a balance of probability. Accordingly the court does give judgment for the Plaintiff for eviction of the Defendant from the parcel of land No. MWICHUIRI/NAROMORU/35. The Plaintiff is also awarded the costs of this suit.
MARY KASANGO
JUDGE
Dated and delivered at Nyeri this 9th day of October 2007.
M. S. A. MAKHANDIA
JUDGE