Fredrick Mwathi Pere v Nellea Limited & 2 others [2014] KEELC 664 (KLR)
- Court
- Environment & Land Court
- Case number
- 664
- Citation
- [2014] KEELC 664 (KLR)
- Decided
- 11 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from original trialCoramMargaret Wanjiru Pere, Daniel Muthanji
Holding
The injunction orders are confirmed, restraining the 1st and 2nd Defendants from encroaching on the Plaintiff's properties and restoring the excavated portions.
Facts
The Plaintiff, Fredrick Mwathi Pere, claims ownership and possession of properties Ngong/Ngong/12190 and 12189. The 1st and 2nd Defendants, Nellea Limited and Njoroje Muguuku, encroached on these properties, causing damage and blocking access. The 3rd Defendant, Land Registrar, Kajiado District, had previously ruled against a boundary dispute.
Issues
- Ownership and possession of Ngong/Ngong/12190 and 12189
- Encroachment on public access road
Reasoning
The court upheld the Plaintiff's claim based on the Land Registrar's ruling and the encroachment on the public access road.
Outcome
Injunction orders confirmed
Orders
- Restraining the 1st and 2nd Defendants from encroaching on the Plaintiff's properties
- Compelling the 1st and 2nd Defendants to refill and restore the excavated portions
Remedies
- Restoration of the excavated portions
- Reinstatement of the Plaintiff's access to the properties
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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