[2014] KEHC 2481 (KLR)
The court found that the plaintiff had proved ownership of land parcel KIAMURI “A”/1416 through production of the original title deed and official search. The defendant, having failed to appear or defend the suit, was deemed to have trespassed on the plaintiff's land without lawful justification. The court held that...
Source-derived case information.
- Citation
- [2014] KEHC 2481 (KLR)
- Parties
- Plaintiff: Thuranira Karauri; Defendant: Mutunga Ntoikama
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 230 of 2013
- Procedural Posture
- Land and Environment Case / Judgment After Formal Proof
- Outcome
- Judgment for the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Trespass to Land, Eviction Orders, Permanent Injunctions, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thuranira Karauri
Plaintiff
Mutunga Ntoikama
Defendant
Procedural Posture
Land and Environment Case / Judgment After Formal Proof
Legal Issues
- 1 Whether the defendant unlawfully trespassed onto the plaintiff's land parcel KIAMURI “A”/1416.
- 2 Whether the plaintiff is entitled to an order of eviction and permanent injunction against the defendant.
- 3 Whether the plaintiff is entitled to general damages for trespass.
Ratio Decidendi
The court found that the plaintiff had proved ownership of land parcel KIAMURI “A”/1416 through production of the original title deed and official search. The defendant, having failed to appear or defend the suit, was deemed to have trespassed on the plaintiff's land without lawful justification. The court held that the plaintiff was entitled to an order of eviction, a permanent injunction restraining the defendant and his agents from interfering with the plaintiff's use and occupation of the land, and general damages for trespass. The court awarded Kshs. 300,000 as general damages, together with costs and interest, as the defendant's continued occupation amounted to unlawful trespass and...
Court Disposition
Judgment for the plaintiff.
Orders
- An order of eviction and permanent injunction restraining the defendant, his agents, servants, assigns or anybody else claiming at his instance or behest from trespassing, occupying, remaining, entering or in any other way interfering with the plaintiff's user, enjoyment and occupation of Land Parcel No. KIAMURI...
- The plaintiff is awarded Kshs. 300,000 as general damages for trespass.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 230 OF 2013
THURANIRA KARAURI...........................................................................PLAINTIFF
VERSUS
MUTUNGA NTOIKAMA.......................................................................DEFENDANT
JUDGMENT
The plaintiff is seeking judgment against the defendant for an order of eviction and permanent injunction restraining the Defendant, his agents, servants, assigns or anybody else claiming at his instance or behest from trespassing, occupying, remaining, entering or in any other way interfering with the Plaintiff's user, enjoyment and occupation of land parcel NO. KIAMURI “A”/1416. He also seeks general damages for trespass, costs of this suit and interest thereon and any other or better relief that this Court may deem fit and just to grant.
An Interlocutory Judgment was entered against the defendant on 21st November, 2013. Formal proof proceedings took place on 25. 3.2014. The plaintiff testified that initially he was staying in Mombasa. In 1995, the defendant invaded his parcel of Land NO.KIAMURI “A”/1416 measuring 5 Hectares without his knowledge or permission. He produced the original title deed and asked the Court to verify its authenticity. He produced a copy thereof as an exhibit. He also produced an official search showing that he indeed owned the suit land. As the defendant, despite several notices to vacate his land, had refused to do so, he prayed for the orders he had sought in his plaint.
I find that the plaintiff has proved his case. I, therefore, grant the following orders:
An order of eviction and permanent injunction do issue restraining the Defendant, his agents, servants, assigns or anybody else claiming at his instance or behest from trespassing, occupying, remaining, entering or in any other way interfering with the plaintiff's user, enjoyment and occupation of Land Parcel No. KIAMURI “A”/1416.
I award the plaintiff the sum of Kshs. 300,000/= as general damages for trespass.
Costs of the suit and interest thereon are awarded to the plaintiff.
It is so ordered.
Delivered in Open court at Meru this 19 th day of June, 2014 in the presence of:
Cc. Lilian/Daniel
Riungu for plaintiff
P. M. NJOROGE
JUDGE