David Majani Alwahuva v Martin Makokha [2017] KEELC 2098 (KLR)
- Court
- Environment & Land Court
- Case number
- 2098
- Citation
- [2017] KEELC 2098 (KLR)
- Decided
- 31 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureUnopposed SuitCoramMWANGI NJOROGE
Holding
The court finds in favor of the plaintiff, ordering eviction and awarding mesne profits.
Facts
The plaintiff claimed ownership of a 4-hectare plot of land (LR No. Trans-Nzoia/Maridadi/173) and alleged that the defendant was occupying it illegally. The plaintiff produced a certified copy of an official search certificate, a letter from the County Surveyor, and a surveyor's report confirming the plaintiff's ownership.
Issues
- Ownership of the land
- Defining the boundaries of the land
Reasoning
The plaintiff proved his claim on a balance of probabilities, and the defendant's occupation of the land was found to be illegal.
Outcome
In favor of the plaintiff
Orders
- Eviction order against the defendant
- Award of Kshs.80,000 in mesne profits from 2007 to 2017
- Award of Kshs.8,000 per year for every other year of occupation after 2017
- Award of costs of the suit
Remedies
- Eviction of the defendant and his family members and servants from the land
- Award of mesne profits
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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