[2000] KEHC 437 (KLR)
The court found that the defendant was duly served with the decree granting possession to the plaintiff by way of substituted service through advertisement in a local daily newspaper, as authorised by a prior court order. The defendant failed to comply with the decree or contest the application. Consequently, the...
Source-derived case information.
- Citation
- [2000] KEHC 437 (KLR)
- Parties
- Plaintiff: Housing Finance Company of Kenya Ltd.; Defendant: Stephen Kariuki Kaiba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2998 of 1996
- Procedural Posture
- Civil Case / Ruling on Application for Eviction and Possession
- Outcome
- Application allowed. Orders granted as prayed for eviction and possession. Costs awarded to the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Eviction Orders, Possession of Property, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Housing Finance Company of Kenya Ltd.
Plaintiff
Stephen Kariuki Kaiba
Defendant
Procedural Posture
Civil Case / Ruling on Application for Eviction and Possession
Legal Issues
- 1 Whether the defendant was duly served with the decree granting possession to the plaintiff.
- 2 Whether the plaintiff is entitled to orders for eviction and possession of the property.
Ratio Decidendi
The court found that the defendant was duly served with the decree granting possession to the plaintiff by way of substituted service through advertisement in a local daily newspaper, as authorised by a prior court order. The defendant failed to comply with the decree or contest the application. Consequently, the court allowed the plaintiff's application for eviction and possession of the property, holding that due process had been followed and the plaintiff was entitled to the orders sought.
Court Disposition
Application allowed. Orders granted as prayed for eviction and possession. Costs awarded to the plaintiff.
Orders
- The Court Bailiff shall evict the defendant and put the plaintiff in possession of Title No. Bukhayo/Mundika/2742.
- The plaintiff is awarded the costs of the application.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO. 2998 OF 1996
HOUSING FINANCE COMPANY OF KENYA LTD.……………….PLAINTIFF -VERSUS- STEPHEN KARIUKI KAIBA……………………………………..DEFENDANT
RULING
The applicant is asking for orders that the Court Bailiff do evict the defendant and put the plaintiff in possession of the property known as Title No. Bukhayo/Mundika/2742 situate at Busia District. This application is made on the grounds that the defendant was served with a decree dated 30-6-1999, which gave possession of the land to the plaintiff.
The defendant was served by substituted service following a court order, which had authorised such service. The substituted service was through an advertisement in the Daily Nation of 19. 11. 1999. I have noted that the plaintiff served the decree upon the defendant in accordance with a Court Order by way of advertisement in the local daily newspaper. The defendant is therefore deemed to have been duly served but has not made any attempt to comply with the decree. The application is therefore allowed as prayed in prayer (a) of the Chamber Summons.
The plaintiff will also have the costs of the application.
Delivered and dated at Nairobi this 21st day of January, 2000.
KASANGA MULWA
JUDGE