Isaac Waithaka v Gicheha Njoroge & another [2014] KEELC 675 (KLR)
- Court
- Environment & Land Court
- Case number
- 675
- Citation
- [2014] KEELC 675 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePosturePlaintiff's Motion for Restraining OrderCoramL N WAITHAKA
Holding
The court restrained the defendants from entering, trespassing, ploughing or dealing with the suit property in any manner whatsoever.
Facts
The plaintiff purchased a 2.23 hectare property in Nakuru/Olongai Phase 11/85, but the defendants have encroached on 2 acres of the property. The plaintiff has tried to evict the defendants through the Provincial Administration but to no avail. The property was surveyed on 3rd November, 2011, and the District Land Registrar found that the defendants had encroached on the plaintiff's land.
Issues
- Whether the court should restrain the defendants from entering, trespassing, ploughing or dealing with the suit property in any manner whatsoever.
- Whether the defendants have encroached on the plaintiff's land and the extent of the encroachment.
Reasoning
The court found that the defendants had encroached on the plaintiff's land and ordered them to be restrained from entering the property.
Outcome
Plaintiff's Motion Granted
Orders
- Restraining Order
Remedies
- Restraining Order
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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