[2006] KEHC 2913 (KLR)
The court found that the plaintiff had produced uncontroverted evidence, including a valid title deed, establishing her as the registered proprietor of LAIKIPIA/KALALU/499. The defendants, having failed to appear or defend the suit, did not challenge the plaintiff's claim. The court held that the title deed is prima...
Source-derived case information.
- Citation
- [2006] KEHC 2913 (KLR)
- Parties
- Plaintiff: Lucy Muthoni Ng'ang'a; Defendant: Nyokabi Njuguna; Defendant: Thomas Mukuria; Defendant: Mukuria Kiremba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 821 of 2005
- Procedural Posture
- Civil Case / Formal Proof Judgment
- Outcome
- Judgment for the plaintiff; eviction order granted.
- Judges
- CM Njagi
- Legal Topics
- Eviction, Title Deeds, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Muthoni Ng'ang'a
Plaintiff
Nyokabi Njuguna
Defendant
Thomas Mukuria
Defendant
Mukuria Kiremba
Defendant
Procedural Posture
Civil Case / Formal Proof Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of LAIKIPIA/KALALU/499 and entitled to possession.
- 2 Whether the defendants are unlawfully occupying the suit premises and should be evicted.
Ratio Decidendi
The court found that the plaintiff had produced uncontroverted evidence, including a valid title deed, establishing her as the registered proprietor of LAIKIPIA/KALALU/499. The defendants, having failed to appear or defend the suit, did not challenge the plaintiff's claim. The court held that the title deed is prima facie evidence of ownership, and the plaintiff had proved her case on a balance of probabilities. Consequently, the plaintiff was entitled to an order for eviction and costs.
Court Disposition
Judgment for the plaintiff; eviction order granted.
Orders
- Defendants to vacate LAIKIPIA/KALALU/499 within 21 days of service of the order.
- In default of compliance, eviction to issue against the defendants.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 821 Of 2005
LUCY MUTHONI NG’ANG’A ………………….............…….………. PLAINTIFF
VERSUS
NYOKABI NJUGUNA
THOMAS MUKURIA
MUKURIA KIREMBA ………………..…..........……………….. DEFENDANTS
JUDGMENT
By a plaint dated and filed in court on 4th July, 2005, the plaintiff claims an order of eviction against all the three defendants jointly and severally. Although all the defendants were served, none of them either entered an appearance or filed a defence. The matter came for formal proof before me on 2nd March, 2006.
In her sworn testimony, the plaintiff told the court that she was the registered proprietor of the piece or parcel of land known as LAIKIPIA /KALALU/499. The said piece of land is in a settlement scheme and the plaintiff was issued with the title deed in respect thereof on 30th June, 2005. A copy of that title deed was duly produced to the court as the plaintiff’s exhibit. The plaintiff further told the court that although the defendants do not cultivate on the suit premises any more, they are still residing thereon and that they have ignored and/or refused to give vacant possession of the portions occupied by them. She therefore asked for an eviction order together with costs of the case.
I have considered the plaint and the evidence adduced by the plaintiff on oath. A copy of the title deed produced as plaintiff’s exhibit No.1 shows that Title Number LAIKIPIA/KALALU/499 was indeed registered in the plaintiff’s name, and the title deed issued on 30th June, 2005. This evidence was not controverted in any way, and I believe the plaintiff. The title deed is prima facie evidence of ownership, and I therefore find that the plaintiff has proved her case on a balance of probability, and further that she is entitled to the orders sought.
I accordingly order the defendants to vacate the suit premises, namely LAIKIPIA/KALALU/499 within 21 days of service of this order. In default of compliance, eviction to issue. The defendants will also pay the costs of this suit.
Dated and delivered at Nairobi this 28th day of March, 2006
L. NJAGI
JUDGE