Felister Chitsaka Mwabaya v . Habib Abu Mohamed & another [2013] KEELC 88 (KLR)
- Court
- Environment & Land Court
- Case number
- 88
- Citation
- [2013] KEELC 88 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for InjunctionCoramMeoli
Holding
The Plaintiff has not established a prima facie case with chances of success and the application is dismissed.
Facts
The Plaintiff, Felister Chitsaka Mwabaya, sought an injunction against the Defendants, Habib Abu Mohamed and Franklin Gambo, to prevent them from entering, trespassing, fencing, evicting, putting new beacons, or dealing with the suit property, Plot KILIFI/JIMBA/85, which was registered in the name of Raphael Garama.
Issues
- Whether the Plaintiff has a prima facie case to establish her proprietary interest in the suit property.
- Whether the Plaintiff's husband's presence on the property constitutes a trespasser or a registered proprietor.
Reasoning
The Plaintiff's husband was found to be a trespasser on the suit property, and the Plaintiff has not demonstrated her vested rights in the property. The applicable law is the Registered Land Act, Cap 300 (now repealed), and not the Land Registration Act No. 3 of 2012.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Land Registration Act No. 3 of 2012
- Registered Land Act, Cap 300 (now repealed)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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