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|Case Number:||civ suit 32 of 01|
|Parties:||SALIM ISLAM SADAM V ASSISTANT PUBLIC TRUSTEE - LAMU & ANOTHER|
|Date Delivered:||30 Jul 2004|
|Court:||High Court at Malindi|
|Judge(s):||Joyce Nuku Khaminwa|
|Citation:||SALIM ISLAM SADAM V ASSISTANT PUBLIC TRUSTEE - LAMU & ANOTHER eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CIVIL SUIT NO.32 OF 2001
SALIM ISLAM SADAM……………………………………..PLAINTIFF
V E R S U S
1.ASSISTANT PUBLIC TRUSTEE – LAMU………………….1ST DEFENDANT
J U D G M E N T
In this case the Plaintiff entered into Lease Agreement with the Defendants regarding the Defendants’ employee’s occupation of his premises. The Plaintiff now seeks judgment for vacant possession and mesne profits from 1st August, 1997 together with costs of suit. The quarterly rent was agreed to be Kshs.9,000/- at admitted by Defendants on without prejudice basis. The leases which concern Malindi HCCC No.33/2001, Malindi HCCC No.32/2001 and Malindi HCCC No.34/2001 which suits were consolidated by court order on 14th November, 2003.
The Plaintiff gave his evidence and closed his case. However, when it was for Defendants to produce evidence there was no appearance for Defendants on 3 occasions. State Counsel Mr. Okello sent other people to hold his brief. On the third occasion the Plaintiff submitted that the court should close the pleadings and proceed to pass judgment.
I have perused the evidence given by the Plaintiff. I have no reason to doubt him. He stood well against crossexamination. In absence of any contradicting evidence from Defendant, I find the Plaintiff’s case proved. I therefore enter judgment for Plaintiff as prayed in the Plaint for vacant possession and mesne profits as from 1st August, 1997 till vacant possession is granted. This Judgment applies to all files consolidated.
I also grant him costs of this suit.
Dated this 30th day of July, 2004.
J U D G E
Delivered on 30/7/04
Mr. Okello: I want certified copy for purpose of appeal.
Court: Orders accordingly.
JOYCE KHAMINWA, J.