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Edwin Kibii Kiptui v Charles Kipchumba Kiptui [2015] KEELC 62 (KLR)

[2015] KEELC 62 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
62
Citation
[2015] KEELC 62 (KLR)
Decided
5 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureDefault JudgmentCoramANTONY OMBWAYO
Holding

The court finds that the plaintiff is the registered absolute owner of the land and issues an order of eviction.

Facts

The plaintiff, Edwin Kibii Kiptui, claims to be the registered proprietor of land parcel EWALEL/SERETUNIN/441. The defendant, Charles Kipchumba Kiptui, refused to vacate the land despite the plaintiff's repeated requests.

Issues

  1. Ownership of land parcel EWALEL/SERETUNIN/441
  2. Eviction of defendant and his family members

Reasoning

The court considered the evidence and relevant law, finding that the plaintiff has proved on a balance of probabilities that he is the registered absolute owner of the parcel of land.

Outcome

Default judgment in favor of the plaintiff for an order of eviction.

Orders

  • An order of eviction to remove the defendant, his family members, agents, servants and/or any other person claiming interest through the defendant from Land Parcel No. EWALEL/SERETUNIN/441

Remedies

  • Eviction of the defendant and his family members from the land

Authorities cited

Legislation (1)
  • Land Registration Act
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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