[2005] KEHC 2165 (KLR)
The court found that the plaintiff, as the registered proprietor of the suit land, is entitled to possession in the absence of any evidence to the contrary. The defendant, having failed to enter appearance or file a defence, did not challenge the plaintiff's ownership or right to possession. The court therefore...
Source-derived case information.
- Citation
- [2005] KEHC 2165 (KLR)
- Parties
- Plaintiff: Nicholas Nguthi Kavinda; Defendant: James Kariuki Marete
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 37 of 2004
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff. Orders granted as prayed in the plaint. Costs to the plaintiff.
- Legal Topics
- Ownership of Land, Eviction, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Nguthi Kavinda
Plaintiff
James Kariuki Marete
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to exclusive possession of land parcel Nthawa/Gitiburi/2444 as the registered proprietor.
- 2 Whether the defendant should be ordered to vacate the suit land.
Ratio Decidendi
The court found that the plaintiff, as the registered proprietor of the suit land, is entitled to possession in the absence of any evidence to the contrary. The defendant, having failed to enter appearance or file a defence, did not challenge the plaintiff's ownership or right to possession. The court therefore granted the orders sought by the plaintiff for the eviction of the defendant and awarded costs to the plaintiff.
Court Disposition
Judgment for the plaintiff. Orders granted as prayed in the plaint. Costs to the plaintiff.
Orders
- The defendant, his family, belongings, and servants shall vacate land parcel Nthawa/Gitiburi/2444.
- Costs of the suit to be paid by the defendant to the plaintiff.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT EMBUCIVIL CASE NO 37 OF 2004NICHOLAS NGUTHI KAVINDA ……………..…….PLAINTIFF/ APPLICANTVERSUSJAMES KARIUKI MARETE…………………….DEFENDANT/ RESPONDENTJUDGEMENT
1. The Plaintiff is the registered proprietor of land parcel number Nthawa/Gitiburi/2444. He seeks Orders that the Defendant should remove himself, his family, belongings and servants from that parcel of land.
2. Although served, the Defendant refused to Enter Appearance nor file Defence.
3. The Plaintiff in evidence produced the extract of title (green card) for the suit land and the title to it. He gave notice to the Defendant to vacate the suit land on 24. 2.2000 but he refused to do so. This suit was thereafter filed.
4. In the absence of evidence to the contrary, the Plaintiff is entitled to possession of the suit land, he being the lawfully registered proprietor thereof. 5. I shall grant Orders as sought in the Plaint. Costs thereof shall be paid to the Plaintiff by the Defendant.
Orders accordingly. Read in Open Court this 7TH day of MARCH 2005 I. LENAOLA JUDGE In presence of; Mr. Njage for plaintiff N/A for Defendant I.LENAOLA JUDGE