Eliakim Jaoko Awiti v Benard Isaboke Mbaka & another [2016] KEELC 737 (KLR)
- Court
- Environment & Land Court
- Case number
- 737
- Citation
- [2016] KEELC 737 (KLR)
- Decided
- 23 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramJ. M Mutuni
Holding
The court finds that the plaintiff has proved his case on a balance of probabilities and enters judgment in his favor.
Facts
The plaintiff, Eliakim Jaoko Awiti, claimed that he is the registered owner of land parcel Suna East/Wasweta I/15695, measuring about 1.781 hectares. He alleged that defendants Benard Isaboke Mbaka and Gregory Agwata Ndubi unlawfully trespassed onto the land and engaged in acts of wastage.
Issues
- Ownership of land parcel Suna East/Wasweta I/15695
- Eviction of defendants from the land
Reasoning
The court is satisfied that the plaintiff is the registered owner of the land parcel and has evidence that the defendants trespassed and put up unauthorized structures.
Outcome
Judgment in favor of the plaintiff
Orders
- The defendants unconditionally vacate the plaintiff's land parcel Suna East/Wasweta I/15695
- A permanent injunction restraining the defendants from interfering with the plaintiff's occupation and ownership of the land
Remedies
- Eviction of defendants
- Permanent injunction
Authorities cited
Legislation (1)
- Land Registration Act, 2012
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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