Luke Mungania Inebu v Johana M’itabari [2017] KEELC 1373 (KLR)
- Court
- Environment & Land Court
- Case number
- 1373
- Citation
- [2017] KEELC 1373 (KLR)
- Decided
- 17 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment of the Environment and Land Court of KenyaCoramJUDGE
Holding
The court finds that the plaintiff inherited the land from his father and that the defendant's claim of adverse possession is not supported by the evidence.
Facts
The plaintiff, Luke Mungania Inebu, claimed ownership of land parcel Nanyuki/South Timau Block 1/91, which he inherited from his father through a succession cause. The defendant, Johana M'itabari, claimed adverse possession of the land. The plaintiff testified that he moved into the land in 1973 and that his sister, Penina Ndune, moved in around 1988. The defendant claimed to have lived on the land since 1990.
Issues
- Ownership of land parcel Nanyuki/South Timau Block 1/91
- Adverse possession claim by the defendant
Reasoning
The court found the plaintiff's evidence consistent and credible, while the defendant's evidence was contradictory and inconsistent.
Outcome
In favor of the plaintiff
Orders
- An order of eviction against the defendant
- An order of permanent injunction against the defendant
- Award of costs to the plaintiff
Remedies
- Eviction of the defendant from the land
- Permanent injunction against the defendant's interference with the plaintiff's ownership, possession, and user of the land
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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