Abdirizak Abdullahi Alin v Simon Choper & another [2017] KEELC 1997 (KLR)
- Court
- Environment & Land Court
- Case number
- 1997
- Citation
- [2017] KEELC 1997 (KLR)
- Decided
- 9 May 2017
The Plaintiff is the rightful owner of Plot No. 11 at Lodwar Town in Turkana County and is granted a declaration and an order of eviction.
Facts
The Plaintiff, Abdirizak Abdullahi Alin, claims to be the owner of Plot No. 11 at Lodwar Town in Turkana County. The Plaintiff bought the land from John Kisaka Mukakula, and he has been given approval to construct on the land. The first Defendant, Simon Choper, is a son-in-law of the second Defendant, Esther Aleper. The second Defendant claims the land belongs to her late brother.
Issues
- Ownership of Plot No. 11 at Lodwar Town in Turkana County
- Eviction of the Defendants from the suitland
Reasoning
The Plaintiff provided evidence of his purchase and construction on the land, while the Defendants did not provide any documents to support their claims. The Plaintiff has been given approval to construct on the land, which is inconsistent with the Defendants' claims.
Outcome
The Plaintiff's appeal is allowed.
Orders
- A declaration that the Plaintiff is the rightful owner of Plot No. 11 at Lodwar Town in Turkana County
- An order of eviction against the Defendants, their agents, servants, employees, and any other person claiming through them from Plot No. 11 at Lodwar Town within Turkana County
Remedies
- Costs of the suit to be paid by the Defendants
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