REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Case 319 of 2009 KENNETH KIMARI KAHURA…………..………PLAINTIFF VERSUS JAMES MAINA………………………………1ST DEFENDANT JEDIDA KAGAI…...…...……………………2ND DEFENDANT JUDGMENT The plaintiff is the registered proprietor of all that piece of land situate in Nakuru and known as Title Number Nakuru Municipality Block 5/294. He claims in his plaint that despite demand made to the defendants, who are not his tenants and are occupying the land without his authority, the defendants have refused to vacate. He therefore prays for an order to evict them and the costs of this suit. Though served, the defendants have not entered appearance or filed any defence. After obtaining interlocutory judgment the plaintiff fixed the case for formal proof. In his testimony, he produced copies of the Title Deed and a Certificate of Official Search showing that the land is indeed registered in his name. He said that when he bought the land in March 2009 the previous owner told him that the defendants were not paying any rent for their occupation. He therefore prayed for their eviction and costs of this suit. From the uncontroverted testimony of the plaintiff and the copies of the Title Deed as well as the Certificate of the Official Search which he produced, I am satisfied that the plaintiff is the registered proprietor of the suit piece of land. I am also satisfied that the defendants are occupying it without his authority. Consequently I grant the plaintiff an order to evict the defendants from the suit piece of land. The defendants having not contested this suit I make no order as to costs. DATED and delivered this 16th day of February, 2010. D. K. MARAGA JUDGE.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.