[2019] KEELC 3961 (KLR)

[2019] KEELC 3961 (KLR)

The court found that the plaintiffs, as registered trustees of the United Members Social Club, held a valid Certificate of Lease for the suit property, establishing their legal ownership. The defendants, having failed to file a defence or present any evidence, did not demonstrate any registrable or lawful interest...

Source-derived case information.

Citation
[2019] KEELC 3961 (KLR)
Parties
Plaintiff: Erastus Kiama Gichuki; Plaintiff: David Ngujiri Mureithi (Suing as The Registered Trustees of the United Members Social Club); Defendant: John Maregwa; Defendant: James Nderitu Mukundi; Defendant: Stanley Kinyua Gakure; Defendant: Stephen Gichuki Githaiga; Defendant: Peter Mwangi Mutuya; Defendant: Joseph Nganga Kamenju; Defendant: Haron Mwangi; Defendant: John Mwanzia; Defendant: Mama Wamuyu; Defendant: Njeri
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyeri
Jurisdiction
Kenya
Case Number
Environment & Land Case 109 of 2015
Procedural Posture
Originating Summons / Judgment
Outcome
judgment for the plaintiffs
Judges
L Waithaka
Legal Topics
Trespass to Land, Eviction Orders, Registrable Interest, Formal Proof, Costs Award
Source Language
en
Land and Property Civil Procedure Trespass to Land Eviction Orders Registrable Interest Formal Proof Costs Award

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Parties

Erastus Kiama Gichuki

Plaintiff

David Ngujiri Mureithi (Suing as The Registered Trustees of the United Members Social Club)

Plaintiff

John Maregwa

Defendant

James Nderitu Mukundi

Defendant

Stanley Kinyua Gakure

Defendant

Stephen Gichuki Githaiga

Defendant

Peter Mwangi Mutuya

Defendant

Joseph Nganga Kamenju

Defendant

Haron Mwangi

Defendant

John Mwanzia

Defendant

Mama Wamuyu

Defendant

Njeri

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the defendants have any registrable interest in LR No. Nyeri/Municipality/Block 111/99.
  2. 2 Whether the defendants are trespassers in the suit property.
  3. 3 Whether the defendants should be forcefully evicted from the suit property.

Ratio Decidendi

The court found that the plaintiffs, as registered trustees of the United Members Social Club, held a valid Certificate of Lease for the suit property, establishing their legal ownership. The defendants, having failed to file a defence or present any evidence, did not demonstrate any registrable or lawful interest in the property. The plaintiffs' evidence of ownership and the defendants' unauthorized occupation and erection of structures constituted trespass. The court held that the plaintiffs were entitled to orders for eviction and costs, as the defendants' continued occupation was unlawful. The court further granted a 30-day stay of execution of the eviction order to allow the...

Court Disposition

judgment for the plaintiffs

Orders

  • Defendants have no registrable interest in LR No. Nyeri/Municipality/Block 111/99.
  • Defendants are declared trespassers on the suit property.