Makanga v Githui (Environment & Land Case 546 of 2014) [2015] KEELC 845 (KLR) (23 March 2015) (Ruling)
- Court
- Environment & Land Court
- Case number
- 845
- Citation
- [2015] KEELC 845 (KLR)
- Decided
- 23 March 2015
The court held that the plaintiff failed to prove that the circumstances currently obtaining as concerns the suit property were lawfully caused.
Facts
The plaintiff filed a suit seeking to evict the defendant from the suit property. The defendant filed a counter-claim and an application to restrain the plaintiff from interfering with the portion of the suit property she occupies. The plaintiff filed a chamber summons seeking to restrain the defendant from building on the suit property.
Issues
- Whether the plaintiff can evict the defendant from the suit property
- Whether the plaintiff can benefit from the defendant's unwilling move out of the property
Reasoning
The court determined that the defendant's possession of the suit property was an overriding interest on the plaintiff's land due to the criminal case not hearing the defendant's claim. The court found that the plaintiff did not demonstrate that the process used to terminate the defendant's interest in the suit property was proper or lawful.
Outcome
The court dismissed the plaintiff's application.
Orders
- The court dismissed the plaintiff's application to evict the defendant from the suit property.
Authorities cited
Legislation (2)
- Registered Land Act, Cap 300 Laws of Kenya (now repealed)
- Land Registration Act, 2012
Cases cited (1)
- Giella v. Cassman Brown Ltd (1973) E.A 358
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