Hannah Waruguru Mwangi Paul Mwaura Mwangi As Administrators And Legal Representatives Of Simon Ryboy Mwangi v Salome Wanjiru Gitoho & another [2015] KEELC 42 (KLR)
- Court
- Environment & Land Court
- Case number
- 42
- Citation
- [2015] KEELC 42 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment of the Environment and Land Court of KenyaCoramB.N. Olao
Holding
The plaintiffs/applicants are entitled to a perpetual injunction and the cancellation of the registration of title.
Facts
The plaintiffs/applicants are the legal administrators of the estate of the late Simon Ryboy Mwangi, who was the registered proprietor of land parcel NGINDA/SAMAR/BLOCK 2/728. On 15th October 2015, the 1st defendant/respondent trespassed onto the plaintiffs/applicants' land and damaged nappier grass and food crops.
Issues
- Perpetual injunction against trespassing
- Cancellation of registration of title
Reasoning
The plaintiffs/applicants are the legal representatives of the deceased and have satisfied the court that they are entitled to the order sought.
Outcome
Judgment in favor of plaintiffs/applicants
Orders
- Perpetual injunction against the 1st defendant/respondent and her servants, agents, and/or any other persons claiming through her from entering, attempting to enter, trespassing, ploughing and/or working on the plaintiffs/applicants' land No. NGINDA/SAMAR/BLOCK 2/728 and/or interfering with the plaintiffs/applicants' usage and occupation of the same.
- Cancellation of the registration of title made to the 1st defendant/respondent by the 2nd defendant/respondent in respect of land parcel No. NGINDA/SAMAR/BLOCK 2/728 and the registration of the title in respect of Simon Ryboy Mwangi (deceased) be sustained.
Remedies
- Perpetual injunction
- Cancellation of registration of title
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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