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Mary Namaemba Mukombie Waswa v Marcellina Nekesa [2017] KEELC 3822 (KLR)

[2017] KEELC 3822 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3822
Citation
[2017] KEELC 3822 (KLR)
Decided
24 August 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramMWANGI NJOROGE
Holding

The court finds in favor of the plaintiff, declaring the defendant a trespasser and ordering her eviction.

Facts

The plaintiff claims that the defendant trespassed onto her land and ploughed 31/2 acres, while the defendant denies ownership and claims the land was bought by her and her common husband in 1974.

Issues

  1. Ownership of the land LR No.Saboti/Saboti Block 8/Saboti/131
  2. Trespassing and eviction

Reasoning

The court finds the plaintiff's claim more probable than the defendant's.

Outcome

In favor of the plaintiff

Orders

  • Declaration that the defendant is a trespasser
  • Eviction of the defendant from the land LR No.Saboti/Saboti Block 8/Saboti/130
  • Payment of costs of the suit

Remedies

  • Declaration of trespass
  • Eviction
  • Payment of costs
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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