[2010] KEHC 3617 (KLR)
The court found that the plaintiff had established, through uncontroverted evidence, that he was the registered proprietor of the suit land and that the defendant had unlawfully entered and occupied the land without permission. The absence of a defence or any evidence from the defendant meant the plaintiff's case...
Source-derived case information.
- Citation
- [2010] KEHC 3617 (KLR)
- Parties
- Plaintiff: Peter Ngaruiya Mbugua; Defendant: James Mugo Njeru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1385 of 2000
- Procedural Posture
- Civil Case / Judgment After Formal Proof
- Outcome
- Judgment for the plaintiff. Eviction order granted against the defendant. Plaintiff awarded costs.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Trespass to Land, Eviction, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ngaruiya Mbugua
Plaintiff
James Mugo Njeru
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof
Legal Issues
- 1 Whether the defendant unlawfully trespassed onto the plaintiff's land.
- 2 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff had established, through uncontroverted evidence, that he was the registered proprietor of the suit land and that the defendant had unlawfully entered and occupied the land without permission. The absence of a defence or any evidence from the defendant meant the plaintiff's case was proved as pleaded. The court held that the plaintiff was entitled to an order for eviction of the defendant and all developments thereon, as well as the costs of the suit.
Court Disposition
Judgment for the plaintiff. Eviction order granted against the defendant. Plaintiff awarded costs.
Orders
- The defendant shall be evicted from the plaintiff's land Title No. Tigoni/Tigoni Block 1/506 together with all developments thereon.
- The plaintiff shall have the costs of this suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 1385 of 2000
PETER NGARUIYA MBUGUA …………….……………………. PLAINTIFF
VERSUS
JAMES MUGO NJERU ………………………………………. DEFENDANT
JUDGMENT
The plaintiff is the registered proprietor of a parcel of land Title No. Tigoni/Tigoni Block 1/506. It is his case that the defendant has unlawfully and without his permission trespassed thereon and built two huts. The plaintiff has demanded that the defendant vacates but the defendant has refused.
The defendant was served with summons to enter appearance but he did not comply. Thereafter the plaintiff applied to proceed by way of formal proof. Subsequently a firm of advocates known as L. K. Karori & Co. Advocates filed a Notice of Appointment but all notices addressed to this firm of advocates by the plaintiff’s advocates were not answered. This case was then listed for formal proof.
The plaintiff gave evidence in support of his pleadings. He produced a certificate of official search to confirm that the land is registered in his name. He also produced a letter of demand addressed to the defendant requiring him to vacate his land but the defendant did not comply.
There being no defence on record, the plaintiff’s evidence remains uncontroverted. He has proved his case in line with his pleadings and he is entitled to the orders sought in his plaint.
Accordingly, I give judgment in favour of the plaintiff against the defendant and order that the defendant shall be evicted from the plaintiff’s land Title No.Tigoni/Tigoni Block 1/506 together with all developments thereon as demonstrated by the plaintiff.
The plaintiff shall also have the costs of this suit.
Orders accordingly.
Dated, signed and delivered at Nairobi this12th day of March, 2010.
A. MBOGHOLI MSAGHA
JUDGE