[2010] KEHC 1982 (KLR)
The court found that the plaintiff had proved ownership of the suit property by producing the title deed. The defendants, having failed to appear or defend the suit, did not challenge the plaintiff's evidence. The court accepted the plaintiff's testimony that the defendants entered and erected structures on the land...
Source-derived case information.
- Citation
- [2010] KEHC 1982 (KLR)
- Parties
- Plaintiff: Humprey Mati Nkoroi; Defendant: Grace Karuki Mutegi; Defendant: Amos Mbaka
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 153 of 2009
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
- Legal Topics
- Land Ownership, Trespass, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humprey Mati Nkoroi
Plaintiff
Grace Karuki Mutegi
Defendant
Amos Mbaka
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of parcel number Magumoni/Mukuuni/987.
- 2 Whether the defendants trespassed onto the plaintiff's land without permission.
- 3 Whether the plaintiff is entitled to an eviction order against the defendants.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit property by producing the title deed. The defendants, having failed to appear or defend the suit, did not challenge the plaintiff's evidence. The court accepted the plaintiff's testimony that the defendants entered and erected structures on the land without consent, constituting trespass. The plaintiff was therefore entitled to an eviction order and costs as prayed.
Court Disposition
Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
Orders
- An order is hereby issued for the eviction of Grace Karuki Mutegi and Amos Mbaka from parcel number Magumoni/Mukuuni/987 forthwith.
- The O.C.S. of the police station which is close to Magumoni/Mukuuni/987 is required to give assistance in the eviction of Grace Karuki Mutegi and Amos Mbaka and their servants or agents to ensure that there is no breach of peace.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU
Civil Case 153 of 2009
HUMPREY MATI NKOROI ........................................ PLAINTIFF
VERSUS
GRACE KARUKI MUTEGI ............................... 1ST DEFENDANT
AMOS MBAKA ..................................................... 2ND DEFENDANT
JUDGMENT
The plaintiff obtained interlocutory judgment against both defendants on 16th February 2010. Interlocutory judgment was entered in default of the defendant’s appearance and/or defence in this case.The plaintiff formally proved his case before me.He stated that he is the owner of parcel number Magumoni/Mukuuni/987 and exhibited the title to prove his ownership.He stated that the defendants without his permission entered into that property and begun to erect structures.That they erected temporary structures and despite demands to vacate they have failed to do so.The plaintiff proved his case on a balance of probability.He proved that he was the owner of the subject land and his evidence in respect of the defendant’s trespass upon his land was uncontroverted.The plaintiff therefore is entitled to judgment as prayed.The judgment of the court is:-
1. An order is hereby issued for the eviction of Grace Karuki Mutegi and Amos Mbaka from parcel number Magumoni/Mukuuni/987 forthwith.
2. The O.C.S. of the police station which is close to Magumoni/Mukuuni/987 is required to give assistance in the eviction of Grace Karuki Mutegi and Amos Mbaka and their servants or agents to ensure that there is no breach of peace.
3. The defendants will pay the plaintiff’s costs of this suit.
Dated and delivered at Meru this 2nd day of July 2010.
MARY KASANGO
JUDGE