Michael Gichira Njeru v Samuel Magu Mugo & 2 others [2017] KEELC 2051 (KLR)
- Court
- Environment & Land Court
- Case number
- 2051
- Citation
- [2017] KEELC 2051 (KLR)
- Decided
- 16 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment dismissing the plaintiff's suit for res-judicata, with the case being heard on the 3rd defendant's counterclaim.CoramB. N. OLAO
Holding
The 3rd defendant is the registered proprietor of the land and its sub-divisions, and is entitled to all rights and privileges appurtenant thereto.
Facts
The plaintiff claims that the defendants fraudulently transferred land to them, but the defendants deny this and claim they sold the land free from encumbrances. The 3rd defendant purchased the land from the 2nd defendant and now occupies a sub-division of the land.
Issues
- Ownership of land parcel No. INOI/KIAMBURI/271 and its sub-divisions
- Right to evict trespassers
Reasoning
The court found that the 3rd defendant purchased the land from the 2nd defendant and obtained necessary consent, and that the plaintiff and his family remain in occupation of the sub-division.
Outcome
Judgment for the 3rd defendant against the plaintiff, with orders for eviction and permanent restraint.
Orders
- The plaintiff and his family must vacate land parcel No. INOI/KIAMBURI/1161 within six months and be evicted in default.
- The plaintiff must be permanently restrained from entering upon, occupying and utilizing land parcel No. INOI/KIAMBURI/1161 after vacating or being evicted.
- The 3rd defendant is entitled to costs of the counterclaim.
Remedies
- Eviction of the plaintiff and his family from land parcel No. INOI/KIAMBURI/1161
- Permanent restraint on the plaintiff from entering upon, occupying and utilizing land parcel No. INOI/KIAMBURI/1161
Authorities cited
Legislation (1)
- Land Registration 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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