[2010] KEHC 664 (KLR)
The court found that the plaintiff had proved ownership of the suit property through documentary evidence, including an allotment letter, title deed, and official search. The defendant, having been allowed temporary occupation, became a trespasser upon refusal to vacate when requested by the plaintiff. The absence...
Source-derived case information.
- Citation
- [2010] KEHC 664 (KLR)
- Parties
- Plaintiff: Peter Njau Waweru; Defendant: Priscilla Nduta Waweru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 261 of 2009
- Procedural Posture
- Civil Case / Judgment After Formal Proof; Interlocutory Judgment Entered Due to Non Appearance by Defendant
- Outcome
- Judgment for the plaintiff. Declaration of trespass, order of eviction, and costs awarded against the defendant.
- Judges
- RPV Wendoh
- 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 Njau Waweru
Plaintiff
Priscilla Nduta Waweru
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof; Interlocutory Judgment Entered Due to Non Appearance by Defendant
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Plot No. DUNDORI/LANET BLOCK 5/2346 (New Gakoe).
- 2 Whether the defendant is a trespasser on the suit property.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit property through documentary evidence, including an allotment letter, title deed, and official search. The defendant, having been allowed temporary occupation, became a trespasser upon refusal to vacate when requested by the plaintiff. The absence of a defence or contrary evidence from the defendant further strengthened the plaintiff's case. The court concluded that the plaintiff was entitled to a declaration of trespass, an order of eviction, and costs.
Court Disposition
Judgment for the plaintiff. Declaration of trespass, order of eviction, and costs awarded against the defendant.
Orders
- A declaration that the defendant is a trespasser on Plot No. DUNDORI/LANET BLOCK 5/2346 (New Gakoe).
- An order for eviction of the defendant from Plot No. DUNDORI/LANET BLOCK 5/2346 (New Gakoe).
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO. 261 OF 2009
PETER NJAU WAWERU.........................................PLAINTIFF
VERSUS
PRISCILLA NDUTA WAWERU.........................DEFENDANT
JUDGMENT
By a plaint dated 11th September 2009, Peter Njau Waweru sought the following orders against Priscilla Nduta Waweru:-
(a)A declaration that the defendant is a trespasser in Plot No. DUNDORI/LANET BLOCK 5/2346 (New Gakoe).
(b)An order for eviction of the defendant from DUNDORI/LANET BLOCK 5/2346 (New Gakoe).
(c)Costs of this suit.
Interlocutory judgment was entered herein on 15th October 2009, after the defendant failed to enter appearance or file a defence. The matter proceeded to formal proof. The plaintiff called two other witnesses who are PW2, William Gitau, PW3 Samuel Kariuki Waweru who claim to be the brothers of both the plaintiff and the defendant. The plaintiff has testified that the land in issue was allotted to him vide copy of allotment letter dated 10th August 1996 (PExh.1). He was later issued with a title deed dated 19th May 2005 (PExh.2). He did a search on 26th October 2009 which confirms that the land is still registered in his name as the absolute owner (PExh.3). He also produced the receipts in which he paid rates to County Council of Nakuru, the latest being for 18th October 2010 (PExh.4). He testified that he allowed his sister Priscilla into the land to occupy it temporarily as he was not ready to develop it about three years ago. However, when he asked her to leave, she has refused to vacate the land. The matter was reported to the Chief of the area but Priscilla has refused to vacate the land. His evidence was corroborated by that of PW2 and PW3.
I am satisfied from the evidence of Peter Waweru, PW2 and PW3 that the land belongs to Peter Waweru and he is entitled to vacant possession. I therefore grant the declaration that Priscilla is a trespasser on the said land and I hereby issue an order of eviction as prayed. Priscilla to bear the costs of this suit.
DATED and DELIVERED this 1st day of November, 2010.
R. P. V. WENDOH
JUDGE
PRESENT:
Kennedy: Court Clerk
Peter Waweru in person.