Musili Kivingo & another v Kitili Kilonzo [2017] KEELC 1872 (KLR)
- Court
- Environment & Land Court
- Case number
- 1872
- Citation
- [2017] KEELC 1872 (KLR)
- Decided
- 22 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPostureAppeal from an order of evictionCoramO. A. ANGOTE
Holding
The Plaintiffs have proved their case on a balance of probabilities.
Facts
The 1st Plaintiff was allocated land in 1957 and later sold part of it. The Defendant invaded the land in 1988, and the 1st Plaintiff sued him in 2000. The Land Dispute Tribunal ruled in favor of the 1st Plaintiff.
Issues
- Whether the Plaintiffs have proved their case on a balance of probabilities.
- Whether the Defendant is entitled to any relief.
Reasoning
The Plaintiffs' case was supported by evidence from the Land Dispute Tribunal and the proceedings from Kitui SPMCC No. 3 of 2000.
Outcome
The Plaintiffs' claim for eviction is allowed.
Orders
- An order of eviction be and is hereby issued against the Defendant from the parcel of land situated in Mbakoni village, Mongoni Sub-location within sixty (60) days from the date that this Judgment and Decree is served on the Defendant.
- The Officer Commanding Station, Mutomo, to enforce the above order.
- The Defendant to pay the costs of the suit.
Remedies
- Eviction of the Defendant from 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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