[2007] KEHC 1518 (KLR)
The court found that the Plaintiff had produced uncontroverted evidence of ownership of the property in question by submitting her title deed. The Defendants, despite being served, failed to attend the hearing or present any evidence to rebut the Plaintiff’s claim. The court held that the Plaintiff had proved her...
Source-derived case information.
- Citation
- [2007] KEHC 1518 (KLR)
- Parties
- Plaintiff: Joyce Wanjiru Baru; Defendant: Samuel Wambugu Mwangi; Defendant: Francis Njoroge Mbugua; Defendant: Charles Maina Kamau; Defendant: Joseph Ndirangu Theuri; Defendant: Manasseh Muhari Muthoga; Defendant: Francis Ngugi Kamau
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 241 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiff's claim allowed. Order of eviction granted against all Defendants. Plaintiff awarded costs of the suit.
- Legal Topics
- Eviction, Land Ownership, Title Deed, Trespass, Possession, Remedies
- 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
Joyce Wanjiru Baru
Plaintiff
Samuel Wambugu Mwangi
Defendant
Francis Njoroge Mbugua
Defendant
Charles Maina Kamau
Defendant
Joseph Ndirangu Theuri
Defendant
Manasseh Muhari Muthoga
Defendant
Francis Ngugi Kamau
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the Defendants are unlawfully occupying the Plaintiff's property Title No. NYANDARUA/OL’JORO OROK SALIENT/1820.
- 2 Whether the Plaintiff is entitled to an order of eviction against the Defendants.
- 3 Whether the Plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the Plaintiff had produced uncontroverted evidence of ownership of the property in question by submitting her title deed. The Defendants, despite being served, failed to attend the hearing or present any evidence to rebut the Plaintiff’s claim. The court held that the Plaintiff had proved her case on a balance of probability and was therefore entitled to an order of eviction against all the Defendants from Title No. NYANDARUA/OL’JORO OROK SALIENT/1820, as well as costs of the suit.
Court Disposition
Plaintiff's claim allowed. Order of eviction granted against all Defendants. Plaintiff awarded costs of the suit.
Orders
- An order of eviction is issued against all the Defendants from Title No. NYANDARUA/OL’JORO OROK SALIENT/1820.
- The Plaintiff is awarded costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 241 of 1998
JOYCE WANJIRU BARU…………….......………………….……..PLAINTIFF
Versus
SAMUEL WAMBUGU MWANGI…………..……....…….…1ST DEFENDANT
FRANCIS NJOROGE MBUGUA………...…...……………2ND DEFENDANT
CHARLES MAINA KAMAU………….…..…............……….3RD DEFENDANT
JOSEPH NDIRANGU THEURI………..…...………...……..4TH DEFENDANT
MANASSEH MUHARI MUTHOGA….…...………..……….5TH DEFENDANT
FRANCIS NGUGI KAMAU……………..…..………….……6TH DEFENDANT
JUDGMENT
The Plaintiff by her plaint averred that the Defendants are on her property Title No. NYANDARUA/OL’JORO OROK SALIENT/1820 and that they have refused to move out of her said land. The Plaintiff therefore in her plaint prayed for an order of eviction against all the Defendants from that property. The Defendants by their defence deny being on the Plaintiff’s property illegally. When the case came up for hearing on 18th September 2007 although the Defendants had been served through their advocates, neither they nor their advocate attended the hearing. The Plaintiff in her evidence repeated her claim in the plaint and stated that she had at various times requested the Defendants to vacate her property but that they had refused. She said that they had built houses on the said land. The Plaintiff in support of her evidence submitted copy of her title deed to prove her ownership of the said property.
I have considered the Plaintiff’s uncontroverted evidence. The Plaintiff has proved her case on a balance of probability. Accordingly the judgment of this court is that an order of eviction do hereby issue against all the Defendants from Title No. NYANDARUA/OL’JORO OROK SALIENT/1820. The Plaintiff is also awarded costs of the suit.
MARY KASANGO
JUDGE
Dated and delivered at Nyeri this 11th day of October 2007.
By M. S. A. MAKHANDIA
JUDGE