[2007] KEHC 1337 (KLR)
The court found that the plaintiff had proved ownership of the suit land by producing the certificate of title and official search. The defendant, having failed to enter appearance or file a defence, did not challenge the plaintiff's evidence. The court held that the plaintiff, as the registered proprietor, is...
Source-derived case information.
- Citation
- [2007] KEHC 1337 (KLR)
- Parties
- Plaintiff: Joseph Macharia Nderitu; Defendant: Joyce Nyawira Mathenge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 213 of 2006
- Procedural Posture
- Civil Case / Judgment After Formal Proof
- Outcome
- Plaintiff's claim allowed. Judgment entered for the plaintiff.
- Judges
- FI Koome
- Legal Topics
- Eviction, Trespass, Ownership of Land, Removal of Structures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Macharia Nderitu
Plaintiff
Joyce Nyawira Mathenge
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of the suit land.
- 2 Whether the defendant trespassed and erected structures on the plaintiff's land without authority.
- 3 Whether the plaintiff is entitled to an order of eviction and removal of structures.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit land by producing the certificate of title and official search. The defendant, having failed to enter appearance or file a defence, did not challenge the plaintiff's evidence. The court held that the plaintiff, as the registered proprietor, is entitled to exclusive and uninterrupted possession of the land. The defendant's occupation and construction of structures on the land without authority amounted to trespass. Consequently, the plaintiff was entitled to an order for eviction and removal of the structures, as well as costs of the suit.
Court Disposition
Plaintiff's claim allowed. Judgment entered for the plaintiff.
Orders
- The defendant is ordered to remove the structures or buildings on Land Parcel No. Miti Mingi Miti Mingi /Block 9/23 (Ndiuni) within thirty (30) days from the date of judgment.
- The plaintiff shall have the costs of the suit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 213 of 2006
JOSEPH MACHARIA NDERITU …....…….………….....……. PLAINTIFF
VERSUS
JOYCE NYAWIRA MATHENGE ……...…..…..…………… DEFENDANT
JUDGMENT
The plaintiff, Joseph Macharia Nderitu instituted this suit against Joyce Nyawira Mathenge, the defendant herein. He sought for an order of eviction against the defendant and the removal of the structures from Land Parcel No. Miti Mingi Miti Mingi /Block 9/23 (Ndiuni) which structures the plaintiff contended have been constructed by the defendant without his authority.
The defendant did not enter appearance and interlocutory judgment was thus entered against the defendant. This matter proceeded for hearing by way of formal proof and the plaintiff gave an account of how he is the registered proprietor of the property known as Miti Mingi Miti Mingi /Block 9/23 (Ndiuni). He produced the certificate of title and also a search certificate to show that he is the registered proprietor.
The plaintiff by himself had placed a restriction on the title prohibiting any dealing without his consent. He realized that somebody had trespassed on his land and put up temporary structures on his land the restriction notwithstanding. It is for that reason he filed this case seeking for the eviction and removal for those structures. The defendant was served with the summons to enter appearance but she failed to file a defence, nor has she, removed the illegal structures.
It is for the above reasons that he sought for an intervention of the court. The certificate of title and the official search clearly shows that the plaintiff is the registered owner of the suit land.
I find the plaintiff has been able to prove ownership of the suit premises and he is therefore entitled to the exclusive and an uninterrupted peaceful possession of the same. I allow the plaintiff’s claim and the defendant is hereby ordered to remove the structures or buildings on the plaintiff’s parcel of land known as Miti Mingi Miti Mingi /Block 9/23 (Ndiuni) within thirty (30) days from the date of this judgment. The plaintiff shall also have the cost of this suit.
It is so ordered.
Judgment read and delivered on 9th day of March 2007.
MARTHA KOOME
JUDGE