SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Golden Valley Properties Ltd v Leonard Githae [2016] KEELC 173 (KLR)

[2016] KEELC 173 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
173
Citation
[2016] KEELC 173 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplicant seeks restraining orders against DefendantCoramL.GACHERU
Holding

The Court finds in favor of the Plaintiff and allows the restraining orders

Facts

Golden Valley Properties Ltd claims to be the lawful registered proprietor of land parcel Ruiru East Block 1/T.900. Defendant, Leonard Githae, is alleged to be unlawfully entering and conducting illegal business on the land without permission.

Issues

  1. Defendant's right to enter and conduct business on the land
  2. Plaintiff's ownership rights

Reasoning

The Plaintiff is the registered owner of the land and has the right to use and access it. Defendant's unauthorized occupation infringes on the Plaintiff's rights.

Outcome

Plaintiff's application granted

Orders

  • Defendant restrained from entering, causing acts of waste, or conducting illegal business on the land pending the hearing and determination of the application
  • Ruiru Police Station to enforce compliance

Remedies

  • Restraint of Defendant's actions
  • Enforcement of compliance by Ruiru Police Station

Authorities cited

Legislation (2)
  • Environment and Land Court Act, 2011
  • 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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case