[2013] KEHC 3284 (KLR)
The court found that the plaintiff had served the defendant with a hearing notice and that the defendant failed to appear or contest the claim. The plaintiff gave evidence and formally proved his case for compensation for the defendant's use of his land from 1976 to date. The court was satisfied that the plaintiff...
Source-derived case information.
- Citation
- [2013] KEHC 3284 (KLR)
- Parties
- Plaintiff: Juma Abdalla Vitu; Defendant: Kwale Water and Sewerage Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 124 of 2012
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- SN Mukunya
- Legal Topics
- Land Use, Mesne Profits, Compensation for Land Use
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Abdalla Vitu
Plaintiff
Kwale Water and Sewerage Co. Ltd.
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant unlawfully used the plaintiff's land from 1976 to date without compensation.
- 2 Whether the plaintiff is entitled to Kshs. 6000 per year from 1976 to date as claimed.
Ratio Decidendi
The court found that the plaintiff had served the defendant with a hearing notice and that the defendant failed to appear or contest the claim. The plaintiff gave evidence and formally proved his case for compensation for the defendant's use of his land from 1976 to date. The court was satisfied that the plaintiff was entitled to judgment as prayed for Kshs. 6000 per year from 1976 to the date of judgment, together with costs and interest. The absence of the defendant and the unchallenged evidence of the plaintiff led the court to grant the orders sought.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff for Kshs. 6000 per year from 1976 to date of judgment.
- The plaintiff shall have the costs of the suit and interest.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Civil Suit 124 of 2012 [if gte mso 9]><![endif]
JUMA ABDALLA VITU ..................................................... PLAINTIFF'S
- V E R S U S -
KWALE WATER AND SEWERAGE CO. LTD. ...................... DEFENDANT
JUDGEMENT
The Plaintiff in this case filed suit against the Defendant claiming Kshs. 6000 per month from 1976 todate being the cost of the Defendant's use of his land from 1976 todate.
He filed this suit as a pauper having been granted leave by the Court to do so. He fixed this case down for hearing on 26th February 2013. Unfortunately when he came to Court there was no Return of Service. The Court ordered him to refix the case down for hearing and serve a Hearing Notice on the Defendants. The case was fixed for hearing on 16th May 2013.
He served a Hearing Notice on the Defendants on 28th February 2013 for hearing of the case on 16th May 2013.
On 16th May 2013 there was no appearance for the Defendant and the Plaintiff gave evidence and formally proved his case.
I have therefore no hesitation of granting the Plaintiff judgment as prayed at Kshs. 6000 per year from 1976 todate as prayed in the Plaint. He shall also have the costs of the suit and interest.
It is so ordered.
Dated and delivered in open Court at Mombasa this 23rd day May, 2013.
S.N. MUKUNYA
JUDGE
23. 5.2013
In the presence of:
Plaintiff in person.
Non appearance for the defendant.