[2010] KEHC 3430 (KLR)
The Plaintiffs, having produced the title deed and certificate of official search, proved that they are the lawfully registered proprietors of the suit land. The Defendants, having failed to respond or appear, did not establish any lawful claim to the land. The court found no evidence to support the claim for...
Source-derived case information.
- Citation
- [2010] KEHC 3430 (KLR)
- Parties
- Plaintiff: Grace Mumbua Matilu; Plaintiff: Titus Musembi Matilu; Defendant: George Noah Kivuvo; Defendant: Nzioka King’oli; Defendant: Nzioka Kinyaka (Kinama alias Nzioka Kieti)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 63 of 2003
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiffs' claim for eviction granted; claim for damages dismissed; no order as to costs.
- Judges
- I Lenaola
- Legal Topics
- Ownership of Land, Eviction, Title Deeds, Registration of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Mumbua Matilu
Plaintiff
Titus Musembi Matilu
Plaintiff
George Noah Kivuvo
Defendant
Nzioka King’oli
Defendant
Nzioka Kinyaka (Kinama alias Nzioka Kieti)
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the Plaintiffs are the lawfully registered proprietors of land parcel Kangundo/Mbusyani/1684.
- 2 Whether the Defendants have any lawful claim to the suit land.
- 3 Whether the Plaintiffs are entitled to an order of eviction against the Defendants.
Ratio Decidendi
The Plaintiffs, having produced the title deed and certificate of official search, proved that they are the lawfully registered proprietors of the suit land. The Defendants, having failed to respond or appear, did not establish any lawful claim to the land. The court found no evidence to support the claim for damages for non-user. Consequently, the Plaintiffs were entitled to an order of eviction against the Defendants, but not to damages, as no evidence was tendered on that issue.
Court Disposition
Plaintiffs' claim for eviction granted; claim for damages dismissed; no order as to costs.
Orders
- Defendants to be evicted from land parcel Kangundo/Mbusyani/1684.
- Claim for damages for non-user is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS Civil Case 63 of 2003
1. GRACE MUMBUA MATILU 2. TITUS MUSEMBI MATILU.........................................................PLAINTIFFS VERSUS 1. GEORGE NOAH KIVUVO 2. NZIOKA KING’OLI 3. NZIOKA KINYAKA (KINAMA ALIAS NZIOKA KIETI.....DEFENDANTS
JUDGMENT
Grace Mumbua Matilu and Titus Matilu are the registered proprietors of land parcel no. Kangundo/Mbusyani/1684. They were registered as such on 16. 1.2002 and a title deed issued on 6. 2.2002. By their Amended Plaint dated 6. 2.2004, they seek orders inter-aliathat the Defendants be evicted from that parcel of land as they have no lawful claim to it and damages for non-user be awarded plus costs of the suit.
I see no response to the suit although the Defendants were properly served to attend the hearing on 21. 10. 2009.
Having heard the 1st Plaintiff in evidence and having seen P. exhibit 1(title deed) and P. exhibit. 2 (certificate of official search) the Plaintiffs are the lawfully registered proprietors of the suit land and I see no lawfully enforceable claim by the Defendants.
I have therefore no alternative but to grant prayer (1) of the amended Plaint but will dismiss prayer (ii) as no evidence in that regard was tendered.
Since the Defendants did not appear, I will make no order as to costs.
Orders accordingly.
Dated and delivered at Machakos this 11th day of February 2010.
Isaac Lenaola
Judge
In the presence of;Mr.Mutia h/b for Mr. Getange for Plaintiff
No appearance for Defendant
Isaac Lenaola
Judge