[2025] KEMC 113 (KLR)

[2025] KEMC 113 (KLR)

The court found that the plaintiff had proved her case by producing certified copies of title deeds showing she is the registered proprietor of the suit properties. The defendant, despite being served, failed to file a defence or compliance documents, rendering the suit undefended. The court emphasized that parties are bound by their pleadings and that any submissions or evidence not based on proper pleadings must be disregarded. As there was no defence or evidence to challenge the plaintiff's ownership or her claim of trespass, the court granted a permanent injunction restraining the defendant from interfering with the plaintiff's occupation and use of the properties. Costs were awarded...

Citation
[2025] KEMC 113 (KLR)
Parties
Plaintiff: Hannah Njeri Mworia; Defendant: Carolyne Wanjiru Muraya
Court
Magistrate's Court
Court Station
Nakuru Law Courts
Jurisdiction
Kenya
Judgment Date
15 May 2025
Case Number
Environment & Land Case E105 of 2022
Procedural Posture
Environment and Land Case / Judgment
Outcome
judgment for the plaintiff
Judges
PA Ndege
Legal Topics
Permanent Injunction, Trespass, Registered Proprietorship, Title Deeds, Undefended Suit
Source Language
English
Land and Property Permanent Injunction Trespass Registered Proprietorship Title Deeds Undefended Suit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Hannah Njeri Mworia

Plaintiff

Carolyne Wanjiru Muraya

Defendant

Procedural Posture

Environment and Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from interfering with her occupation and use of the suit properties.
  2. 2 Whether the plaintiff has proved ownership of Bahati/Kabatini Block1/1XX85 and Bahati/Kabatini Block1/1XX84.
  3. 3 Whether the defendant's failure to file a defence affects the outcome of the suit.

Ratio Decidendi

The court found that the plaintiff had proved her case by producing certified copies of title deeds showing she is the registered proprietor of the suit properties. The defendant, despite being served, failed to file a defence or compliance documents, rendering the suit undefended. The court emphasized that parties are bound by their pleadings and that any submissions or evidence not based on proper pleadings must be disregarded. As there was no defence or evidence to challenge the plaintiff's ownership or her claim of trespass, the court granted a permanent injunction restraining the defendant from interfering with the plaintiff's occupation and use of the properties. Costs were awarded...

Court Disposition

judgment for the plaintiff

Orders

  • A permanent injunction is issued restraining the defendant by herself, her agents, and or servants from in any way interfering with the plaintiff’s occupation and use of Bahati/Kabatini Block1/1XX85 and Bahati/Kabatini Block1/1XX84.
  • Costs of the suit are awarded to the plaintiff.