[2010] KEHC 3673 (KLR)
The court found that the plaintiff had proved, through uncontroverted evidence including the Title Deed and Certificate of Official Search, that he is the registered proprietor of the suit land. The defendants, having failed to appear or file a defence, did not challenge the plaintiff's claim. The court was...
Source-derived case information.
- Citation
- [2010] KEHC 3673 (KLR)
- Parties
- Plaintiff: Kenneth Kimari Kahura; Defendant: James Maina; Defendant: Jedida Kagai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 319 of 2009
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiff's claim for eviction granted; no order as to costs.
- Legal Topics
- Eviction, Title to Land, Unauthorized Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Kimari Kahura
Plaintiff
James Maina
Defendant
Jedida Kagai
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of the suit land.
- 2 Whether the defendants are occupying the land without the plaintiff's authority.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendants.
Ratio Decidendi
The court found that the plaintiff had proved, through uncontroverted evidence including the Title Deed and Certificate of Official Search, that he is the registered proprietor of the suit land. The defendants, having failed to appear or file a defence, did not challenge the plaintiff's claim. The court was satisfied that the defendants were occupying the land without the plaintiff's authority and, therefore, the plaintiff was entitled to an order of eviction. No order as to costs was made since the suit was uncontested.
Court Disposition
Plaintiff's claim for eviction granted; no order as to costs.
Orders
- The plaintiff is granted an order to evict the defendants from the suit piece of land.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 319 of 2009
KENNETH KIMARI KAHURA…………..………PLAINTIFF
VERSUS
JAMES MAINA………………………………1ST DEFENDANT
JEDIDA KAGAI…...…...……………………2ND DEFENDANT
JUDGMENT
The plaintiff is the registered proprietor of all that piece of land situate in Nakuru and known as Title Number Nakuru Municipality Block 5/294. He claims in his plaint that despite demand made to the defendants, who are not his tenants and are occupying the land without his authority, the defendants have refused to vacate. He therefore prays for an order to evict them and the costs of this suit.
Though served, the defendants have not entered appearance or filed any defence. After obtaining interlocutory judgment the plaintiff fixed the case for formal proof.
In his testimony, he produced copies of the Title Deed and a Certificate of Official Search showing that the land is indeed registered in his name. He said that when he bought the land in March 2009 the previous owner told him that the defendants were not paying any rent for their occupation. He therefore prayed for their eviction and costs of this suit.
From the uncontroverted testimony of the plaintiff and the copies of the Title Deed as well as the Certificate of the Official Search which he produced, I am satisfied that the plaintiff is the registered proprietor of the suit piece of land. I am also satisfied that the defendants are occupying it without his authority. Consequently I grant the plaintiff an order to evict the defendants from the suit piece of land. The defendants having not contested this suit I make no order as to costs.
DATED and delivered this 16th day of February, 2010.
D. K. MARAGA
JUDGE.