LUCY WANJIRU KUNG’U V JOHN NJUDUNA NDARUA [2008] KEHC 131 (KLR)
- Court
- High Court of Kenya
- Case number
- 131
- Citation
- [2008] KEHC 131 (KLR)
- Decided
- 12 June 2008
The court dismisses the plaintiff's suit and grants the defendant's counterclaim. The title to the plot is canceled, and the defendant is awarded costs. The plaintiff is ordered to pay arrears of rent to the defendant.
Facts
The plaintiff and defendant are joint registered owners of plot No. Githunguri/Githunguri/1274. The plaintiff claims an injunction against the defendant, while the defendant counters that he has a right to the plot through joint ownership.
Issues
- Whether the plaintiff's claim for an injunction should be granted.
- Whether the defendant's counterclaim should be upheld and the plaintiff's title to the plot canceled and subdivided.
Reasoning
The court finds that the defendant has proved his counterclaim on a balance of probability and dismisses the plaintiff's suit for want of prosecution. The court also cancels the joint title to the plot and orders it to be subdivided into two portions, one for the defendant and one for the plaintiff.
Outcome
Appeal dismissed.
Orders
- The plaintiff's suit is dismissed.
- The defendant is awarded costs.
- The title to the plot is canceled and subdivided into two portions, one for the defendant and one for the plaintiff.
- A permanent injunction is granted to the defendant.
- The plaintiff is ordered to pay arrears of rent to the defendant.
Remedies
- Cancellation of the joint title to the plot.
- Subdivision of the plot into two portions.
- Payment of arrears of rent.
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