[2008] KEHC 1009 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, that he is the registered owner of the suit property and that the defendant entered and remained on the land without his consent. The evidence, including the certificate of official search and notices to vacate, established the plaintiff's...
Source-derived case information.
- Citation
- [2008] KEHC 1009 (KLR)
- Parties
- Plaintiff: Stephen Ndei Wachira; Defendant: Lucy Wakarima Ngambucha
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 33 of 2008
- Procedural Posture
- Civil Case / Formal Proof Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- MM Kasango, MSA Makhandia
- Legal Topics
- Trespass to Land, Eviction Orders, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ndei Wachira
Plaintiff
Lucy Wakarima Ngambucha
Defendant
Procedural Posture
Civil Case / Formal Proof Judgment
Legal Issues
- 1 Whether the plaintiff is the registered owner of land reference number Nyeri/Endarasha/1678.
- 2 Whether the defendant trespassed on the plaintiff's land without consent.
- 3 Whether the plaintiff is entitled to eviction orders and general damages for trespass.
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 and that the defendant entered and remained on the land without his consent. The evidence, including the certificate of official search and notices to vacate, established the plaintiff's proprietary rights and the defendant's trespass. The absence of any defence or appearance by the defendant further strengthened the plaintiff's case. The court held that the plaintiff was entitled to an order for eviction and general damages for trespass, as well as costs of the suit.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant is ordered to vacate property Nyeri/Endarasha/1678 within 30 days.
- If the defendant fails to vacate, an eviction order shall issue against her.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 33 of 2008
STEPHEN NDEI WACHIRA ………………….…… PLAINTIFF
Versus
LUCY WAKARIMA NGAMBUCHA….……...…..DEFENDANT
JUDGMENT
The plaintiff filed this case against the defendant seeking the eviction of the defendant from land reference number Nyeri/Endarasha/1678. Further the plaintiff sought for general damages arising from the defendant trespass on that land. The defendant was served with the plaint and summons but failed to enter an appearance within the prescribed period. Judgement was therefore entered for the plaintiff and this matter came before me for formal proof. The plaintiff in evidence stated that he is the owner of the suit property and in that respect exhibited a certificate of official search. That search shows he was registered as proprietor of that property on 3rd October 2005. He stated that the defendant entered his land without his consent and despite numerous notices to vacate has failed to do so. He exhibited a letter written by his advocate giving notice to the defendant to vacate the suit property. Her further stated that he had gone to the chief and the sub-chief and they had attempted to get the defendant out of the land unsuccessfully. The plaintiff as can be seen from the evidence tendered before court proved that he is the registered owner of the suit property. He stated that the defendant without his consent had entered and remained on that property. I find that the plaintiff has on a balance of probability proved his case for orders as sought in the plaint. The judgment of this court therefore is as follows:-
1. An order do issue to the defendant to vacate the property Nyeri/Endarasha/1678 within 30 days from this date hereof.
2. That failing to vacate the suit property as in no. 1 above an eviction order do issue against the defendant.
3. The defendant shall pay to the plaintiff kshs.20,000 as general damages for trespass.
4. The plaintiff is awarded costs of the suit.
MARY KASANGO
JUDGE
Dated and delivered at Nyeri this 27th day of October 2008.
BY
M. S. A. MAKHANDIA
JUDGE