[2010] KEHC 2357 (KLR)
The court found that the plaintiff, as the registered proprietor of the suit land, had established his right to exclusive occupation and use. The defendants did not appear to contest the claim, and the plaintiff's evidence was uncontroverted. The court held that the plaintiff was entitled to the reliefs sought,...
Source-derived case information.
- Citation
- [2010] KEHC 2357 (KLR)
- Parties
- Plaintiff: Suleiman Karuga Njoroge; Defendant: Henry Amai; Defendant: Joseph Chacha
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 72 of 2007
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Ownership Disputes, Eviction, Injunctions, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Suleiman Karuga Njoroge
Plaintiff
Henry Amai
Defendant
Joseph Chacha
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to exclusive possession and use of the suit land as the registered proprietor.
- 2 Whether the first defendant should be evicted from the suit land.
- 3 Whether the second defendant should be restrained from subdividing the suit land.
Ratio Decidendi
The court found that the plaintiff, as the registered proprietor of the suit land, had established his right to exclusive occupation and use. The defendants did not appear to contest the claim, and the plaintiff's evidence was uncontroverted. The court held that the plaintiff was entitled to the reliefs sought, including a perpetual injunction restraining the second defendant from entering or subdividing the land and an order for the eviction of the first defendant if he did not vacate within 30 days of service. The plaintiff was also awarded costs and interest at court rates.
Court Disposition
Judgment for the plaintiff.
Orders
- A perpetual injunction restraining the second defendant from entering and/or subdividing the suit land.
- Order for eviction of the first defendant from the suit land if he does not vacate within 30 days of service of the order.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 72 of 2007
SULEIMAN KARUGA NJOROGE……………….PLAINTIFF
VERSUS
HENRY AMAI ……………………...………..1ST DEFENDANT
JOSEPH CHACHA……………………….....2ND DEFENDANT
JUDGMENT
The plaintiff is the registered proprietor of all that piece of land situate at Kapsita and known as Title No. Nakuru/ Kapsita/1131 (the suit land). He claims in his plaint that at the time he bought it from Mary Chepkurui, the first defendant was residing on it as the said Mary Chepkurui’s caretaker. Despite demand the first defendant has refused to vacate and has instead engaged the second defendant, a surveyor, to subdivide it. He therefore prays for an injunction to restrain the second defendant fro subdividing it and the eviction of the first defendant. He also prays for the costs of this case.
In their joint statement the defendants made a general denial of the plaintiff’s claim and averred that this suit is bad in law as it does not disclose any cause of action against them. The first defendant further averred that he has been occupying the suit land since 1995.
Though served, neither the defendants nor their advocates appeared to defend the case. The plaintiff testified and produced the sale agreement showing that he bought the suit land from the said Mary Chepkurui for Kshs.300,000/= and a title deed showing that the land is indeed registered in his name. he said when he attempted to take possession of it in 2006, he found that the first defendant had constructed a structure on it which was not there when he bought it. He stopped the second defendant fro subdividing it on
26th March 2007. He therefore prayed for an injunction against the second defendant and the first defendant’s eviction.
Upon consideration of the plaintiff’s uncontroverted testimony, I am satisfied that the plaintiff has proved his claim against both the defendants. As the registered proprietor of the suit land, the plaintiff is entitled to both its exclusive occupation and use. In the circumstance I grant the plaintiff the reliefs he seeks. A perpetual injunction shall issue to restrain the second defendant from entering and/or subdividing the suit land. A further order shall issue to evict the first defendant from the suit land if he does not vacate within 30 days of service of this order upon him. The plaintiff shall also have the costs of this suit against both the defendants plus interest thereon at court rates from the date of taxation.
DATED and DELIVERED at Nakuru this 12th day of May, 2010.
D. K. MARAGA
JUDGE.