[2008] KEHC 3633 (KLR)
The court found that the trial magistrate adhered to the principles of natural justice by allowing the appellant to give evidence and call witnesses. The respondent's title to the land was registered and guaranteed under the Registered Land Act, and the appellant did not challenge this title with any substantive...
Source-derived case information.
- Citation
- [2008] KEHC 3633 (KLR)
- Parties
- Appellant: Munene Munyi; Respondent: Kiura Maraga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 15 of 2001
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Land Title Registration, Eviction Proceedings, Natural Justice, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munene Munyi
Appellant
Kiura Maraga
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial magistrate adhered to the principles of natural justice in hearing the case.
- 2 Whether the respondent's title to the land was valid and unchallenged.
- 3 Whether fraud was properly pleaded and proved by the appellant.
Ratio Decidendi
The court found that the trial magistrate adhered to the principles of natural justice by allowing the appellant to give evidence and call witnesses. The respondent's title to the land was registered and guaranteed under the Registered Land Act, and the appellant did not challenge this title with any substantive evidence. No fraud was pleaded or proved, and there was no evidence to support the claim that the land was sensitive. Consequently, all grounds of appeal lacked merit and the appeal was dismissed in its entirety with costs awarded to the respondent.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
- The appellant shall pay costs of this appeal and the court below to the respondent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Civil Appeal 15 of 2001
MUNENE MUNYI…………………………......…………….APPELLANT
VERSUS
KIURA MARAGA………………………………………..RESPONDENT
JUDGMENT
The property in dispute Plot. No. Embu/Mwavuria/1043 is registered in the name of Kiura Maraga, the Respondent herein. He filed suit for the Appellant to be evicted from the said land. The trial Magistrate decided in favour of the Respondent (plaintiff). I have perused the Judgment and the proceedings;
1. The answer to ground one of appeal is that the Trial Magistrate adhered to the principles of natural justice. He allowed the Appellant to give evidence and to call witnesses. This is testified by the record. I therefore find no merit on this ground and the same is dismissed.
2. The answer to ground 2 of Appeal is that the appellant had prayed for no relief and the evidence in favour of Respondent on title was not challenged. The members of clan came in to help the Appellant after the land had already been registered in name of Respondent. When Respondent had already acquired registered title which is guaranteed by Registered Land Act Cap.300. This ground is also without merit and is dismissed.
3. On ground 3 of appeal the issue of fraud was not pleaded nor was any evidence led to prove the allegation.
4. On ground 5 of the appeal no evidence was led to show to the court that the said land subject matter of suit was sensitive and in which manner it was so.
I therefore dismiss the appeal as a whole and order the appellant to pay costs in this appeal and in court below to the Respondent.
It is so ordered.
Dated this 10th April, 2008.
J. N. KHAMINWA
JUDGE
Further Order:- The application dated 20/9/2006 by Respondent against the Appellant has been overtaken by events and the same is dismissed.
J. N. KHAMINWA
JUDGE
10/4/2008
Khaminwa – Judge
Solomon – Clerk
Appellant -present
Respondent – present
Read in open court
J. N. KHAMINWA
JUDGE