Livingstone Omurayi Mwandia v Evaristus Anindo Opondo& 2 others [2017] KEELC 2482 (KLR)
- Court
- Environment & Land Court
- Case number
- 2482
- Citation
- [2017] KEELC 2482 (KLR)
- Decided
- 13 July 2017
The Plaintiff's case is found to be well proved on balance. The Plaintiff gets prayer 1 and prayer 2 with necessary modifications, and prayer 4 (possible compensation) is granted.
Facts
The Plaintiff, Livingstone Omurayi Mwandia, filed a suit against the Defendants, Evaristus Anindo Opondo and Luarian W. Otieno, claiming encroachment on his land parcel No. BUKHAYO/KISUKO/2131. The 1st Defendant, Evaristus Anindo Opondo, claimed ownership of land parcel No. BUKHAYO/KISUKO/3410 which borders the suit land.
Issues
- Ownership of the suit land
- Whether the 1st Defendant encroached on the suit land
- Who has rights over the suit land and to what extent
Reasoning
The court found the Plaintiff's title to be well proved, and the 1st Defendant's claim of adverse possession was not supported by evidence. The Plaintiff is granted prayer 1 (restraining order), prayer 2 (re-survey), and prayer 4 (possible compensation).
Outcome
The Plaintiff is granted prayer 1 (restraining order), prayer 2 (re-survey), and prayer 4 (possible compensation). The Plaintiff is also granted costs of suit.
Orders
- A restraining order barring the 1st Defendant from occupying portions of land parcel No. BUKHAYO/KISUKO/3410 being 3⁄4 Ha occupied by the Defendant.
- An order of re-survey of Land parcel No. BUKHAYO/KISUKO/3410, 4562 and the portion owned by DAVID ONYANGO and that the Plaintiff’s Land parcel No. BUKHAYO/KISUKO/2137 be returned to its original measurement of 0.40Ha or 11⁄2 acres shown on the title deed.
- In the alternative, the Plaintiff be compensated for the land occupied in its market value by the Defendants.
Remedies
- Restraining order
- Re-survey
- Compensation
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