JUMA ABDALLA VITU V KWALE WATER AND SEWERAGE CO. LTD [2013] KEHC 3284 (KLR)

REPUBLIC OF KENYA

High Court at Mombasa

Civil Suit 124 of 2012 [if gte mso 9]><![endif]

JUMA ABDALLA VITU ..................................................... PLAINTIFF'S

- V E R S U S -

KWALE WATER AND SEWERAGE CO. LTD. ...................... DEFENDANT

JUDGEMENT

The Plaintiff in this case filed suit against the Defendant claiming Kshs. 6000 per month from 1976 todate being the cost of the Defendant's use of his land from 1976 todate.

He filed this suit as a pauper having been granted leave by the Court to do so. He fixed this case down for hearing on 26th February 2013. Unfortunately when he came to Court there was no Return of Service. The Court ordered him to refix the case down for hearing and serve a Hearing Notice on the Defendants. The case was fixed for hearing on 16th May 2013.

He served a Hearing Notice on the Defendants on 28th February 2013 for hearing of the case on 16th May 2013.

On 16th May 2013 there was no appearance for the Defendant and the Plaintiff gave evidence and formally proved his case.

I have therefore no hesitation of granting the Plaintiff judgment as prayed at Kshs. 6000 per year from 1976 todate as prayed in the Plaint. He shall also have the costs of the suit and interest.

It is so ordered.

Dated and delivered in open Court at Mombasa this 23rd day May, 2013.

S.N. MUKUNYA

JUDGE

23. 5.2013

In the presence of:

Plaintiff in person.

Non appearance for the defendant.