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Nicholas Nguthi Kavinda v James Kariuki Marete [2005] KEHC 2165 (KLR)

[2005] KEHC 2165 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2165
Citation
[2005] KEHC 2165 (KLR)
Decided
7 March 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReal PropertyPostureAppeal from a High Court OrderCoramLENAOLA
Holding

The Plaintiff is the lawful registered proprietor of the land and the Defendant should vacate the land.

Facts

The Plaintiff is the registered proprietor of land parcel number Nthawa/Gitiburi/2444. He sought orders for the Defendant to vacate the land. The Defendant refused to enter appearance and file a defence.

Issues

  1. Whether the Plaintiff is the lawful registered proprietor of the land
  2. Whether the Defendant should vacate the land

Reasoning

The Plaintiff is the registered proprietor and there is no evidence to the contrary. The Plaintiff is entitled to possession of the suit land.

Outcome

Plaintiff wins

Orders

  • Orders that the Defendant should remove himself, his family, belongings and servants from the suit land

Remedies

  • Costs to be paid to the Plaintiff by 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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