Elijah Mwachironda Chengo v Athuman Hassan Mwanguvu & 7 others [2015] [2015] KEELC 31 (KLR)
- Court
- Environment & Land Court
- Case number
- 31
- Citation
- [2015] KEELC 31 (KLR)
- Decided
- 8 December 2015
The plaintiff is entitled to a portion of the disputed land, but the size claimed is not proven. The defendants are barred from interfering with the plaintiff's use and occupation of the land.
Facts
The plaintiff, Elijah Mwachironda Chengo, claimed a portion of 198.88 acres of land in Mwereni Group Ranch, which he alleged was invaded and damaged by the defendants. The defendants failed to appear in court.
Issues
- Ownership of the disputed land
- Proof of the size of the claimed portion
- Damages assessment
Reasoning
The plaintiff is a member of the Mwereni Group Ranch and thus entitled to a portion of the land. However, there is no evidence to support the size of the claimed portion. The plaintiff's claim for damages is dismissed due to lack of supporting evidence.
Outcome
The plaintiff's case is allowed to the extent that he is entitled to a portion of the suit land, and the defendants are barred from interfering with his use and occupation thereof.
Orders
- The defendants are barred from interfering with the plaintiff's use and occupation of the land
Remedies
- The plaintiff is entitled to a portion of the disputed land
Authorities cited
Legislation (2)
- Land (Group Representatives) Act
- Constitution of Mwereni Group Ranch
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