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Clementina Jebet Barngetuny v John Koech & 8 others [2015] KEELC 63 (KLR)

[2015] KEELC 63 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
63
Citation
[2015] KEELC 63 (KLR)
Decided
23 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramANTONY OMBWAYO
Holding

The court grants judgment for eviction and permanent injunction against the defendants.

Facts

Clementina Jebet Barngetuny claims ownership of two parcels of land, Moiben/Kapsumbere Block 2(Tachasis)/93 and Moiben/Kapsumbere Block 2(Tachasis)/101. She alleges that defendants, including her husband's mother-in-law, illegally occupied and used her land, denying her and her children the use and benefit of the land. The defendants failed to file a defence, and the court entered judgment in default.

Issues

  1. Ownership of land parcels
  2. Eviction of defendants
  3. Permanent injunction against defendants

Reasoning

The plaintiff produced a title deed certifying her ownership of the land parcels, and the court found her case on balance of probabilities.

Outcome

Judgment for eviction and permanent injunction

Orders

  • 30 days notice before the order is executed
  • Costs to the plaintiff

Remedies

  • Eviction of defendants
  • Permanent injunction against defendants
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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