Charles Nzioki Nzuki v Mbithi Muli Kalai [2019] KEELC 2811 (KLR)
- Court
- Environment & Land Court
- Case number
- 2811
- Citation
- [2019] KEELC 2811 (KLR)
- Decided
- 21 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureDefendant not appearing; Plaintiff's claim allowedCoramO.A. ANGOTE
Holding
The Plaintiff has proved his case on a balance of probability, and an order of vacant possession is issued against the Defendant.
Facts
Plaintiff Charles Nzuki Nzuki purchased land known as Plot No. 215, measuring 2 acres, from Michael Muli Mulwa for Kshs. 1,300,000. The Defendant, Mbithi Muli Kalai, occupied the land after the purchase.
Issues
- Ownership of the land
- Eviction of the Defendant
Reasoning
The Plaintiff provided evidence of the purchase agreement, transfer form, and receipts, proving he purchased the land for value and that it was vacant at the time of purchase. The Defendant's interest in the land is not established.
Outcome
Plaintiff's claim allowed
Orders
- An order of vacant possession be and is hereby issued against the Defendant in respect of Plot No. 215 Kwa Katheke Ranch, Konza Division, Machakos.
- The Defendant to vacate and or be evicted from Plot No. 215 Kwa Katheke Ranch, Konza Division within sixty (60) days of the date of this Judgement.
- The Defendant to pay the costs of the suit.
Remedies
- Eviction of the Defendant
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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