Mathew Njuguna Nganda v Catholic Diocese of Nakuru [2005] KEHC 1911 (KLR)
- Court
- High Court of Kenya
- Case number
- 1911
- Citation
- [2005] KEHC 1911 (KLR)
- Decided
- 14 June 2005
The court orders the plaintiff to vacate the suit land and grants the defendant an eviction order if the plaintiff does not vacate within 10 days.
Facts
The plaintiff, Mathew Njuguna Nganda, sued the defendant, Catholic Diocese of Nakuru, alleging trespass on his land. The defendant claimed to have lawfully purchased the land through a public auction and had since been resisting the plaintiff's attempts to vacate it.
Issues
- Ownership of the suit land
- Trespass and eviction
Reasoning
The court found that the defendant had lawfully purchased the land through a public auction and had since been resisting the plaintiff's attempts to vacate it. The plaintiff was found to be grazing and cultivating the land, which was causing the property to lose value.
Outcome
The plaintiff was ordered to vacate the suit land within 10 days, and the defendant was granted an eviction order if the plaintiff did not vacate.
Orders
- The plaintiff to vacate the suit land within 10 days
- The defendant to take legal steps to evict the plaintiff if he does not vacate within 10 days
Remedies
- Eviction of the plaintiff from the suit land
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