Major Kahugu Karebe v Rose Adhiambo Ogonda [2017] KEELC 1891 (KLR)
- Court
- Environment & Land Court
- Case number
- 1891
- Citation
- [2017] KEELC 1891 (KLR)
- Decided
- 18 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramPresiding Judge
Holding
The Court finds in favor of the Plaintiff, Major Kahugu Karebe, and orders the eviction of the Defendant, Councillor Rose Adhiambo Ogonda, from the Suit Property.
Facts
The Plaintiff, Major Kahugu Karebe, claims to be the lawful owner of L.R. No. 209/10910 (the Suit Property) and seeks a declaration that he is the lawful owner and an order for eviction of the Defendant, Councillor Rose Adhiambo Ogonda, from the Suit Property.
Issues
- Was the Suit Property lawfully allocated to the Plaintiff?
- Is the Defendant a trespasser on the Suit Property?
- Is the Plaintiff entitled to an order of eviction against the Defendant?
- Who should pay the costs of this suit?
Reasoning
The Court rules in favor of the Plaintiff, Major Kahugu Karebe, on the allocation of the Suit Property and eviction order, finding that the Plaintiff is the lawful owner and the Defendant is a trespasser.
Outcome
In favor of the Plaintiff
Orders
- Order for eviction of the Defendant from the Suit Property
- Order for the OCS Embakasi Police Station to supervise the eviction
Remedies
- Declaration of lawful ownership of the Suit Property
- Eviction of the Defendant from the Suit Property
Authorities cited
Legislation (1)
- Government Lands Act
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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