[2019] KEELC 59 (KLR)

[2019] KEELC 59 (KLR)

The court found that the Plaintiffs are the registered owners of the suit land as joint trustees for Mukunya Mugo B, as evidenced by the title and green card. The Defendant was permitted temporary occupation but has remained on the land without legal right since 2005, constituting trespass. The Defendant failed to...

Source-derived case information.

Citation
[2019] KEELC 59 (KLR)
Parties
Plaintiff: Mukunya Mugo; Plaintiff: Winnie Wambui; Defendant: Elizabeth Mugure Mukunya
Court
Environment and Land Court
Court Station
Environment and Land Court at Muranga
Jurisdiction
Kenya
Case Number
Environment & Land Case 18 of 2019
Procedural Posture
Land and Property Suit / Judgment
Outcome
Plaintiffs' claim succeeds in part; declaration of ownership, eviction, and permanent injunction granted; mesne profits declined; no order as to costs.
Judges
BC Koech
Legal Topics
Trusteeship of Land, Trespass to Land, Eviction Orders, Permanent Injunctions
Source Language
en
Land and Property Trusteeship of Land Trespass to Land Eviction Orders Permanent Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mukunya Mugo

Plaintiff

Winnie Wambui

Plaintiff

Elizabeth Mugure Mukunya

Defendant

Procedural Posture

Land and Property Suit / Judgment

Legal Issues

  1. 1 Whether the Plaintiffs as joint trustees are the lawful proprietors of LOC.1/KIUNYU/172 holding it in trust for Mukunya Mugo B.
  2. 2 Whether the Defendant's continued occupation amounts to trespass.
  3. 3 Whether the Plaintiffs are entitled to an eviction order and permanent injunction against the Defendant.

Ratio Decidendi

The court found that the Plaintiffs are the registered owners of the suit land as joint trustees for Mukunya Mugo B, as evidenced by the title and green card. The Defendant was permitted temporary occupation but has remained on the land without legal right since 2005, constituting trespass. The Defendant failed to contest the claim or provide any justification for her continued occupation. The Plaintiffs established their entitlement to a declaration of ownership, eviction, and a permanent injunction. However, the Plaintiffs did not plead or prove mesne profits as required by law, and thus that relief was denied. The orders granted reflect the Plaintiffs' proprietary rights and the...

Court Disposition

Plaintiffs' claim succeeds in part; declaration of ownership, eviction, and permanent injunction granted; mesne profits declined; no order as to costs.

Orders

  • Declaration that Plaintiffs as joint trustees are the owners and proprietors of LOC.1/KIUNYU/172 held in trust for Mukunya Mugo B; Defendant's occupation is illegal and amounts to trespass.
  • Eviction order against Elizabeth Mugure Mukunya to vacate the suit premises within 90 days at her own cost.