Mpungu & another v Kavuvu & another (Civil Case 1257 of 2020) [2025] KEMC 172 (KLR)

2. It is the Plaintifis’ claim that they are the joint and lawful registered owners of land parcel Number LR. No. 209/12989 situated as Eastleigh in Nairobi County. The Plaintifis aver that the defendants have trespassed onto the said parcel of land and erected permanent structures, being a rental building from which they collect rent. The Plaintifis therefore seek the prayers herein. The defendants did not enter appearance in the matter, which proceeded as undefended. The 1st Plaintifi was the sole witness. 3. I have considered the Plaintifi’s claim and the evidence tendered in support of the same. The 1st Plaintifi relied on his witness statement dated 28th February 2022 as his evidence in the case. According to the said statement, he and the 2nd Plaintifi who is his wife purchased the suit property from one Jimmy Jeremiah Rana Onchiri. He states that they have been paying rates and rent as required by law since then. The Plaintifis produced a sale agreement entered into on 23rd March 1999 between them and Jimmy Jeremiah Rana Onchiri, in which they purchased the suit property at a consideration of Ksh. 850,000/=. The Plaintifis also produced an allotment letter issued to J.J.R. Onchiri dated 28th October 1994 as proof that he was the previous owner of the property. Consent to transfer the land was issued by the Commissioner of lands vide a letter dated 18th February 1999, and the land was transferred in the joint names of the Plaintifis, as per the title document produced. The Plaintifis also produced an oficial search certificate which indicates that they are the joint owners of the property. They further produced documents evidencing payment of dues to Nairobi City County. 4. There is correspondence from the Chief Maringo Location indicating that he attempted to resolve the dispute, but the defendants declined to obey his summons to appear, and the dispute was escalated to court. 5. In light of the uncontroverted evidence adduced by the Plaintifis, there is no doubt that they are the rightful owners of land parcel number 209/12989. I find merit in the present claim and proceed to enter judgment for the Plaintifis against the defendants as follows; a. A declaration is hereby made that the 1st and 2nd Plaintifis are the rightful legal owners of land parcel Number LR. No. 209/12989 situated at Eastleigh in Nairobi County. b. The 1st and 2nd defendants are hereby ordered to vacate land parcel Number LR. No. 209/12989 situated at Eastleigh in Nairobi County within 60 days from the date of Judgment failure to which the Plaintifis shall be at liberty to apply for an eviction order to issue against them. c. The defendants shall jointly and severally bear the Plaintifis’ costs of the suit. DATED DELIVERED AND SIGNED AT NAIROBI THIS 15TH DAY OF MAY 2025 HON. P. ACHIENG CHIEF MAGISTRATE Plaintifis – Mr. Oginga Defendants – Absent Court Assistant- Duncan https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/172/eng@2025-05-15 2

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