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Richard Kubondo Maina v Ndung’u Waweru [2017] KEELC 705 (KLR)

[2017] KEELC 705 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
705
Citation
[2017] KEELC 705 (KLR)
Decided
23 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPostureAppeal from the original trialCoramN.A. MATHEKA
Holding

The defendant is given three (3) months to vacate the land parcels Nos KAKAMEGA/KONGONI/802 and KAKAMEGA/KONGONI/624. If the defendant fails to vacate, an eviction order will be issued.

Facts

The plaintiff, Richard Kubondo Maina, purchased two parcels of land (KAKAMEGA/KONGONI/802 and KAKAMEGA/KONGONI/624) through a public auction on July 22, 2011. The defendant, Ndung’u Waweru, has refused to vacate the land.

Issues

  1. Eviction of the defendant from the plaintiff's land
  2. Demolition of any structures erected by the defendant on the plaintiff's land

Reasoning

The plaintiff purchased the land through a public auction and has provided evidence of the purchase, including a certificate of sale and title deeds. The defendant has not vacated the land, leading to the court's decision.

Outcome

In favor of the plaintiff

Orders

  • Eviction order to issue if defendant fails to vacate within three months

Remedies

  • Eviction of the defendant from the land parcels
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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