Azzuri Limited v Pink Properties Limited [2017] KEELC 2604 (KLR)

Facts

The Plaintiff, Azzuri Limited, claims ownership of land parcel Chembe/Kibabamshe/356, while the Defendant, Pink Properties Limited, claims ownership of parcel Chembe/Kibabamshe/272. The Defendant has constructed a building on Plot No. 272, which encroaches on the Plaintiff's land and the road separating the plots.

Issues

1. Ownership dispute between Azzuri Limited and Pink Properties Limited
2. Encroachment of Defendant's construction on Plaintiff's land and the road

Reasoning

The Court relies on the findings of the District Surveyor, PW1, who reported that the wall for the Defendant's land encroaches onto the Plaintiff's land by 0.224Ha, and that the Plaintiff's land has lost 0.313Ha to the Defendant's land.

Outcome

The Defendant is ordered to demolish and remove the development that encroaches on the Plaintiff's land and the road.

Authorities cited