Emuria v Sambu & 2 others (Civil Appeal 63 of 2017) [2025] KECA 1033 (KLR) (5 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1033
- Citation
- [2025] KECA 1033 (KLR)
- Decided
- 5 June 2025
The appeal has merit, and the judgment of the trial court is set aside. The respondents are evicted from the suit premises and restrained from trespassing onto or interfering with the appellant's quiet possession and occupation of the land.
Facts
The appellant, Emuria, bought one acre of land from Malakwen Arap Serem in 2001. In 2007, the son of the seller, Elijah Kiptanui Sambu, threatened and destroyed the fence, occupying part of the land. The appellant sued for eviction and an injunction.
Issues
- The necessity of proper pleadings and setting out of the cause of action.
- Whether the appellant's suit was wrongly dismissed by the trial court.
Reasoning
The court found that the respondents' claim was based on a counterclaim for cancellation or rectification of the title, which was not pursued. The court determined that the appellant should hold a title for 1.3 acres but is only entitled to use 1.1 acres, while the respondents occupy 0.2 acres without title.
Outcome
Appeal allowed
Orders
- The respondents be evicted from the suit premises.
- A permanent injunction be and is hereby issued restraining the respondents from trespassing onto or interfering with the appellant's quiet possession and occupation of the suit land.
Remedies
- The appellant is entitled to the costs in the ELC and in this appeal together with interest thereon.
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