Benedict Ndolo Kilonzi v Nyamu Katungo & another [2017] KEELC 1704 (KLR)
- Court
- Environment & Land Court
- Case number
- 1704
- Citation
- [2017] KEELC 1704 (KLR)
- Decided
- 29 September 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and Excision of LandPosturePetitioner seeks declaration of ownership and excision of land, Respondents did not file affidavitsCoramO. A. ANGOTE
Holding
Petitioner is declared the lawful owner of the 4 acres of land, and the land is to be excised from the suit land and registered in his name
Facts
Petitioner bought 4 acres of land from Respondent 1, and Respondents were using the land initially. Petitioner claims they trespassed and infringing on his right to own the land.
Issues
- Petitioner's ownership of 4 acres of land
- Excision of land from the suit land
Reasoning
The court finds that the Petitioner purchased 4 acres of land from the Respondent 1 and holds the land in trust for the Petitioner. The Respondents were using the land initially, but the Petitioner now occupies it.
Outcome
Petitioner's Petition allowed
Orders
- Petitioner declared the lawful owner of the 4 acres of land
- Registrar of Lands, Kitui County, to excise four (4) acres of land from the suit land and register the same in the Petitioner's name
Remedies
- Declaration of ownership
- Excision of land
Authorities cited
Cases cited (2)
- L.N. vs. S.M.M (2013) eKLR
- Gissing vs. Gissing (1971) AC 886
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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