Benjamin Charo Kenga v Dama George Kazungu Kithi & 3 others [2017] KEELC 1449 (KLR)
- Court
- Environment & Land Court
- Case number
- 1449
- Citation
- [2017] KEELC 1449 (KLR)
- Decided
- 12 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramO.A. ANGOTE, J.O. OLOLA
Holding
The Plaintiff is entitled to use and occupy the land peacefully and without interference from the Defendants.
Facts
The Plaintiff claims to have purchased 4 acres of land from the Defendant's father, which was subsequently sub-divided and registered in his name. The Defendants claim the Plaintiff only owns 3 acres and that they have stopped him from using more than that.
Issues
- Ownership of the land
- Vacant possession and permanent injunction
Reasoning
The Plaintiff provided evidence of the purchase and sub-divided land, and the court found that the Plaintiff owns the land as claimed.
Outcome
Plaintiff's claim for vacant possession and permanent injunction is allowed.
Orders
- Plaintiff is entitled to use and occupy the land peacefully and without interference from the Defendants.
Remedies
- Vacant possession and permanent injunction
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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