[2007] KEHC 1516 (KLR)
The court found that the Plaintiff had proved on a balance of probabilities that he is the registered owner of the suit property, NYERI MUNICIPALITY/BLOCK 11/953. There was no evidence presented by the Defendants to establish any overriding interest or right to remain on the property. The Plaintiff's right to...
Source-derived case information.
- Citation
- [2007] KEHC 1516 (KLR)
- Parties
- Plaintiff: Robert Gakinya Njau; Defendant: Robert Kingori Kanyi; Defendant: Josephat Mwaniki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 40 of 2006
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment
- Outcome
- Plaintiff's claim allowed. Eviction order granted. Costs awarded to Plaintiff.
- Legal Topics
- Eviction, Ownership of Land, Quiet Enjoyment, Overriding Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Gakinya Njau
Plaintiff
Robert Kingori Kanyi
Defendant
Josephat Mwaniki
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the Plaintiff is the registered owner of NYERI MUNICIPALITY/BLOCK 11/953.
- 2 Whether the Defendants have any overriding interest in the suit property.
- 3 Whether the Plaintiff is entitled to orders of eviction and vacant possession.
Ratio Decidendi
The court found that the Plaintiff had proved on a balance of probabilities that he is the registered owner of the suit property, NYERI MUNICIPALITY/BLOCK 11/953. There was no evidence presented by the Defendants to establish any overriding interest or right to remain on the property. The Plaintiff's right to exclusive possession as the registered owner was upheld. The Defendants' refusal to vacate and failure to pay rent constituted unlawful occupation. Accordingly, the court granted the order of eviction and directed the Defendants to give vacant possession to the Plaintiff, with costs awarded to the Plaintiff.
Court Disposition
Plaintiff's claim allowed. Eviction order granted. Costs awarded to Plaintiff.
Orders
- Eviction order to issue against the Defendants for NYERI MUNICIPALITY/BLOCK 11/953.
- Defendants to give vacant possession of the property to the Plaintiff.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Civil Case 40 of 2006
ROBERT GAKINYA NJAU…………………………......…..………………PLAINTIFF
Versus
ROBERT KINGORI KANYI………………………........….…………1ST DEFENDANT
JOSEPHAT MWANIKI………………………….…..…..….………..2ND DEFENDANT
JUDGMENT
The Plaintiff by his Plaint averred that he is a bonafide purchaser for value of the property known as NYERI MUNICIPALITY/BLOCK 11/953. He stated that he is registered as the owner of that property. The Plaintiff further averred in the plaint that the Defendants, their servants, agents and persons claiming under them had claimed that they had overriding interest in the suit land. By that claim they have maliciously deprived the Plaintiff of its use and quiet enjoyment. The Plaintiff therefore prayed for orders of eviction of the Defendants. The Defendants even though served with the summons and plaint failed to enter an appearance within the prescribed period. Interlocutory judgment was entered on 29th August 2006. The case then came before me for formal proof.
The Plaintiff in evidence stated that he is the registered owner of the suit property. In evidence he produced the certificate of lease. He stated that after buying the property the Defendants refused to vacate the same. The Defendants’ refusal was on the basis that the Plaintiff was not their landlord. They therefore adamantly refused to vacate. The Plaintiff further stated that the Defendants do not pay him any rent. He said that on the property there is a shed where the Defendants carry out furniture production. The plot is in the middle of Nyeri town and had he rented the same he would have been able to receive rental of Ksh. 5000/= per month. The Plaintiff therefore prayed for eviction.
Having examined the documentary evidence and the oral evidence of the Plaintiff I find and I hold that the Plaintiff has proved his case on a balance of probability of the prayers sought. The Plaintiff is the registered owner of the suit property and there is no contrary evidence to his assertion that he has a right of occupation. That being the case the judgment by this court is that eviction do issue against the Defendants for the property registered as NYERI MUNICIPALITY/BLOCK 11/953. The Defendants are ordered to give vacant possession of that property to the Plaintiff. The Plaintiff is awarded costs of this suit.
Dated and delivered at Nyeri this 5th day of October 2007.
MARY KASANGO
JUDGE