Muiruri t/a Mururi Auto Parts & 5 others v Kihumo Property Devellpers (K) Ltd (Environment & Land Case 945 of 2016) [2023] KEELC 16219 (KLR) (2 March 2023) (Ruling) Neutral citation: [2023] KEELC 16219 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 945 OF 2016 LN MBUGUA, J MARCH 2, 2023 BETWEEN JOHN KAGECHU MUIRURI T/A MURURI AUTO PARTS ......... 1ST PLAINTIFF RICHARD KIMANI WAHINYA T/A MARKHAN ENTRPRISES .... 2ND PLAINTIFF ROYAL TYRES LTD ............................................................................ 3RD PLAINTIFF WAMBUA MUSAU KANYANGE T/A KIKO AUTO TYRES ......... 4TH PLAINTIFF PETER KIOKO MAKAU T/A KIKO AUTO TYRES ...................... 5TH PLAINTIFF PATEL AUTOMOBILE HOUSE LIMITED ....................................... 6TH PLAINTIFF AND KIHUMO PROPERTY DEVELLPERS (K) LTD ................................. DEFENDANT RULING 1. Vide a ruling delivered by this court on November 29, 2017, Summary Judgment was entered for the defendant against the plaintis, of which the plaintis were to give vacant possession of the land. The plaintis had indeed vacated the suit land as at July 30, 2018. Thus only the prayer for mesne prots is outstanding. 2. On February 21, 2023, counsel for the defendants (plaintis in the counter-claim) requested to just table the valuation report without a witness as they were having diculties getting the person who did the valuation. 3. However in formal proof, a party is required to adduce sucient evidence to raise a presumption that what is claimed is true-see Samson S. Maitai & Another vs. African Safari Club Limited & Another [2010] eKLR. A claimant in an undefended claim is still required to discharge that burden of proof. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16219/eng@2023-03-02 1
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4. Since someone has to own the report, in this case the plainti, then the said party is at liberty to avail the report by itself or its appointed representatives if the valuer cannot be found. Otherwise I decline the request to have the report tabled before this court without a witness. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF MARCH, 2023 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Mongeri for Defendant Court assistant: Vanilla https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16219/eng@2023-03-02 2
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