Kahindi Gambo Chinanda v Katana Kalume Mwaringa & another [2016] KEELC 709 (KLR)
- Court
- Environment & Land Court
- Case number
- 709
- Citation
- [2016] KEELC 709 (KLR)
- Decided
- 15 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureDefendants did not file a Defence.CoramO. A. Angote
Holding
The Plaintiff is entitled to enjoy the suit property peacefully and the Defendants are ordered to give vacant possession and pay the Plaintiff's costs.
Facts
The Plaintiff bought a parcel of land from the 1st Defendant and later entered into a further agreement with the 1st Defendant for an additional portion of land. The Defendants started encroaching on the Plaintiff's land in 2004.
Issues
- Ownership of the suit property
- Right to peaceful enjoyment of the suit property
Reasoning
The Plaintiff proved his case on a balance of probabilities, and the evidence showed that the Plaintiff purchased the suit property from the 1st Defendant.
Outcome
Plaintiff's claim for vacant possession and permanent injunction granted.
Orders
- The Defendants to give vacant possession of the suit property.
- A permanent injunction be and is hereby issued restraining the Defendants, their servants and or agents from interfering or trespassing on the suit property.
- The Defendants to pay to the Plaintiff the costs of the suit.
Remedies
- Vacant possession
- Permanent injunction
- Costs
Authorities cited
Legislation (1)
- Law of Contract 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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