Muiruri t/a Mururi Auto Parts & 5 others v Kihumo Property Devellpers (K) Ltd [2023] KEELC 16219 (KLR)

Muiruri t/a Mururi Auto Parts & 5 others v Kihumo Property Devellpers (K) Ltd (Environment & Land Case 945 of 2016) [2023] KEELC 16219 (KLR) (2 March 2023) (Ruling)

Neutral citation: [2023] KEELC 16219 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 945 of 2016

LN Mbugua, J

March 2, 2023

Between

John Kagechu Muiruri t/a Mururi Auto Parts

1st Plaintiff

Richard Kimani Wahinya t/a Markhan Entrprises

2nd Plaintiff

Royal Tyres Ltd

3rd Plaintiff

Wambua Musau Kanyange t/a Kiko Auto Tyres

4th Plaintiff

Peter Kioko Makau T/A Kiko Auto Tyres

5th Plaintiff

Patel Automobile House Limited

6th Plaintiff

and

Kihumo Property Devellpers (K) Ltd

Defendant

Ruling

1. Vide a ruling delivered by this court on November 29, 2017, Summary Judgment was entered for the defendant against the plaintiffs, of which the plaintiffs were to give vacant possession of the land. The plaintiffs had indeed vacated the suit land as at July 30, 2018. Thus only the prayer for mesne profits is outstanding.

2. On February 21, 2023, counsel for the defendants (plaintiffs in the counter-claim) requested to just table the valuation report without a witness as they were having difficulties getting the person who did the valuation.

3. However in formal proof, a party is required to adduce sufficient evidence to raise a presumption that what is claimed is true-see Samson S. Maitai & Another vs. African Safari Club Limited & Another [2010] eKLR. A claimant in an undefended claim is still required to discharge that burden of proof.

4. Since someone has to own the report, in this case the plaintiff, then the said party is at liberty to avail the report by itself or its appointed representatives if the valuer cannot be found. Otherwise I decline the request to have the report tabled before this court without a witness.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF MARCH, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mongeri for DefendantCourt assistant: Vanilla