[2019] KEELC 244 (KLR)

[2019] KEELC 244 (KLR)

The court found that the plaintiff is the absolute proprietor of L.R No. WANJARE/BOMARENDA/4755, as evidenced by the title deed and unchallenged testimony. The defendants unlawfully entered and occupied the land, constituting trespass. The plaintiff is entitled to protection of his property rights under the Land...

Source-derived case information.

Citation
[2019] KEELC 244 (KLR)
Parties
Plaintiff: John Monyancha Ngoge; Defendant: Marcela Kerubo Kebabe; Defendant: Robert Nyandusi Kebabe
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisii
Jurisdiction
Kenya
Case Number
Environment & Land Case 1099 of 2016
Procedural Posture
Land Case / Judgment
Outcome
judgment_for_plaintiff
Judges
DO Ogal
Legal Topics
Land Ownership, Trespass to Land, Eviction Orders
Source Language
en
Land and Property Land Ownership Trespass to Land Eviction Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Monyancha Ngoge

Plaintiff

Marcela Kerubo Kebabe

Defendant

Robert Nyandusi Kebabe

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the registered owner of L.R No. WANJARE/BOMARENDA/4755.
  2. 2 Whether the defendants have trespassed on the suit property.
  3. 3 Whether the plaintiff is entitled to the reliefs sought.

Ratio Decidendi

The court found that the plaintiff is the absolute proprietor of L.R No. WANJARE/BOMARENDA/4755, as evidenced by the title deed and unchallenged testimony. The defendants unlawfully entered and occupied the land, constituting trespass. The plaintiff is entitled to protection of his property rights under the Land Registration Act and the Constitution. The court applied the principles for granting injunctions and found the plaintiff had established a prima facie case, would suffer irreparable harm, and the balance of convenience favoured him. Judgment was entered for the plaintiff, granting all reliefs sought, including a declaration of ownership, permanent injunction, eviction order, and...

Court Disposition

judgment_for_plaintiff

Orders

  • A declaration is issued that the plaintiff is the registered owner of land parcel L.R NO.WANJARE/BOMARENDA/4755.
  • A permanent injunction restraining the defendants, their agents, servants, and anyone claiming through them from entering, encroaching, or doing anything on L.R No. WANJARE/BOMARENDA/4755.