[2013] KEHC 2926 (KLR)
The court found that the plaintiffs were the lawful allottees and joint owners of commercial plot No. 71 at Subukia Trading Centre, as evidenced by the allotment letter and payment of requisite fees to the County Council. The defendant, having been served with summons and other pleadings but failing to enter...
Source-derived case information.
- Citation
- [2013] KEHC 2926 (KLR)
- Parties
- Plaintiff: Gilbert Kabage Karianjahi; Plaintiff: Daniel Mwai Mureithi; Defendant: James Mwangi Murangu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 20 of 2013
- Procedural Posture
- Land and Property Suit / Judgment After Formal Proof
- Outcome
- Judgment for the plaintiffs; eviction order granted.
- Judges
- L Waithaka
- Legal Topics
- Eviction, Trespass, Allotment Letter, County Council Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gilbert Kabage Karianjahi
Plaintiff
Daniel Mwai Mureithi
Plaintiff
James Mwangi Murangu
Defendant
Procedural Posture
Land and Property Suit / Judgment After Formal Proof
Legal Issues
- 1 Whether the plaintiffs are the lawful allottees and joint owners of commercial plot No. 71 Subukia Trading Centre.
- 2 Whether the defendant has trespassed onto the suit land and unlawfully occupied it.
- 3 Whether the plaintiffs are entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiffs were the lawful allottees and joint owners of commercial plot No. 71 at Subukia Trading Centre, as evidenced by the allotment letter and payment of requisite fees to the County Council. The defendant, having been served with summons and other pleadings but failing to enter appearance or file a defence, did not contest the plaintiffs' evidence. The court was satisfied that the plaintiffs had proved their case on a balance of probabilities and were entitled to the orders sought, including eviction of the defendant from the suit land.
Court Disposition
Judgment for the plaintiffs; eviction order granted.
Orders
- The defendant to vacate the suit land within 30 days, failing which the defendant be evicted.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
E.L.C NO 20 Of 2013
GILBERT KABAGE KARIANJAHI ..……..…1ST PLAINTIFF
DANIEL MWAI MURIITHI.……………….……2ND PLAINTIFF
VERSUS
JAMES MWANGI MURANGU…………………..DEFENDANT
JUDGEMENT
The plaintiffs Gilbert Kabage Karianjahi and Daniel Mwai Mureithi filed a plaint against the Defendant James Mwangi Murangu on 30th August, 2012 seeking among other orders, Eviction of the Defendant, his agents and/or servants from commercial plot No. 71 Subukia trading Centre.
By an affidavit of service sworn by Ronald Njuguna dated 8th October, 2012 the Defendant was served with summons, Plaint, verifying affidavit, list of documents and a list of witness statements but did not enter appearance nor file a defence. The matter was listed for formal proof for 9th July, 2013.
When the matter came up for hearing, the plaintiff gave oral evidence and produced the following documents:
An original allotment letter in his name and that of the second plaintiff.
Payment receipts to the Nakuru County Council for ground rent, demolition fees and land acquisition dated 12th February 2008, 24th September 2010, 9th March 2011, 28th June 2011 and 19th March 2012.
Gilbert Kabage Karianjahi the 1st plaintiff (PW1) testified that he and the 2nd plaintiff are the registered joint owners of commercial plot No.71 at Subukia trading centre having been allocated the same vide allotment letter dated 1st December 2011: That they have paid the requisite fees as required by the county Council: That the Defendant has trespassed onto the suit land and occupied one of the rooms : That despite a Demand letter and notice of intention to sue being served upon him, the Defendant has failed and /or refused to vacate the suit land.
It is not in doubt from the documents submitted that the plaintiffs were allocated commercial plot No. 71 at Subukia Trading Centre and they fulfilled the conditions set out on the face of the allotment letter. This is evidenced by the payment of the requisite fees to the County Council. As there is no evidence to the contrary I will enter judgment for plaintiffs against the Defendant as prayed in the plaint.
I make the following orders: -
The Defendant to vacate the suit land within 30 days failure of which the Defendant be evicted.
There will be no order on costs as the defendant did not enter appearance and this matter was heard in absence of the Defendant.
Dated, signed and delivered in open court this 26th day of July 2013.
L N WAITHAKA
JUDGE
PRESENT
Ms Ayuma holding brief for Mr Ngure for Plaintiff
N/A for Defendants
Stephen Mwangi : Court Clerk