Margaret Mwihaki Wanjau v Joseph Muiruri Mugo [2017] KEELC 2014 (KLR)

Facts

The respondent initiated a suit against the appellant claiming unlawful entry into and destruction of land and property. The appellant denied the allegations and claimed authorization to take possession of the land.

Issues

1. Whether the respondent's possession of the suit property was lawful
2. Whether the eviction of the respondent from the suit property was lawful
3. Whether the respondent suffered any loss and damage from his eviction
4. Whether the loss/damage suffered by the respondent is recoverable

Reasoning

The respondent took possession of the suit property pursuant to court orders, and the appellant was aware of the circumstances leading to the respondent's possession. The orders remain valid and the appellant is duty-bound to obey them.

Outcome

Affirmed

Authorities cited