[2008] KEHC 2265 (KLR)
The court found that the plaintiff had established ownership of the suit property by producing the title deed and demonstrating that he had held it since February 1999. The defendant's occupation was without the plaintiff's consent and contrary to the terms of the sale agreement. The court concluded that the...
Source-derived case information.
- Citation
- [2008] KEHC 2265 (KLR)
- Parties
- Plaintiff: Simon. P. Kamaina Karigi; Defendant: Joseph Muriithi Muchuthi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 67 of 2007
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Eviction, Title Deed, Illegal Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Simon. P. Kamaina Karigi
Plaintiff
Joseph Muriithi Muchuthi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is illegally occupying the plaintiff's land parcel Baragwi/Thumaita/2021.
- 2 Whether the plaintiff is entitled to eviction orders against the defendant.
Ratio Decidendi
The court found that the plaintiff had established ownership of the suit property by producing the title deed and demonstrating that he had held it since February 1999. The defendant's occupation was without the plaintiff's consent and contrary to the terms of the sale agreement. The court concluded that the plaintiff had proved his case on a balance of probabilities and was entitled to the orders sought, namely, eviction of the defendant and vacant possession of the land.
Court Disposition
judgment for the plaintiff
Orders
- The defendant shall vacate and give vacant possession to the plaintiff within 60 days from the date of judgment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 67 of 2007
SIMON. P. KAMAINA KARIGI……………………………..PLAINTIFF
VERSUS
JOSEPH MURIITHI MUCHUTHI………………………DEFENDANT
JUDGMENT
The plaintiff claims for the eviction of the Defendant his servants and agents from the plaintiffs land parcel Baragwi/Thumaita/2021. Both parties gave evidence in court the plaintiff called witness.
I have considered the evidence before the court. The plaintiff holds title Deed to the suit property and has been holding the same since February, 1999. The defendant has been illegally occupying the plaintiff’s land without the plaintiff’s consent and contrary to terms of sale agreement. I therefore find that the plaintiff has proved his case. I enter judgment for plaintiff as prayed in the plaint. The defendant shall vacate and give vacant possession to the plaintiff within the next 60 days from the date hereof.
Dated this 13th May, 2008.
J. N. KHAMINWA
JUDGE
13/5/2008
Khaminwa – Judge
Njue- Clerk
Simon – present
Joseph – present in person
Read in open court in their presence.
J. N. KHAMINWA
JUDGE