Keroka Highway Service Station v Maurice Odongo Ogot [2017] KEELC 44 (KLR)
- Court
- Environment & Land Court
- Case number
- 44
- Citation
- [2017] KEELC 44 (KLR)
- Decided
- 20 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTrespassPostureAppeal from the original trialCoramMWANGI NJOROGE, K. BOR
Holding
The court finds that the plaintiff has proved his claim on a balance of probabilities and grants the permanent injunction and general damages.
Facts
The defendant Maurice Odongo Ogot defaulted in the payment of the amount required for the purchase of the property known as NBI BLK 97/0759/152 Tassia Estate Nairobi. The National Social Security Fund (NSSF) repossessed the property and sold it to the plaintiff Keroka Highway Service Station.
Issues
- Whether the defendant has a lawful claim to the property
- Whether the defendant is in trespass on the property
Reasoning
The court finds that the defendant failed to remove himself from the premises despite the demand letter from the NSSF and the plaintiff's claim.
Outcome
The plaintiff is awarded a permanent injunction and a nominal sum of Ksh.50,000/= for trespass.
Orders
- A permanent injunction is granted to the plaintiff
- The order on eviction and injunction is suspended for 90 days
Remedies
- Nominal damages of Ksh.50,000/=
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.
Loading judgment…