Theodore Andrew Ochieng v David Shiundu Masieyi [2018] KEELC 1268 (KLR)
- Court
- Environment & Land Court
- Case number
- 1268
- Citation
- [2018] KEELC 1268 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramN.A. MATHEKA
The court declares the plaintiff as the registered owner of the land parcel and orders the defendant to vacate the property within six months.
Facts
The plaintiff entered into a land sale agreement with the defendant for the purchase of land parcel N/Wanga/Kholera/2133. The plaintiff paid the agreed consideration and took possession of the land, but the defendant refused to vacate the property.
Issues
- Ownership of land parcel N/Wanga/Kholera/2133
- Eviction of the defendant and his agents from the land
Reasoning
The court found that the plaintiff fulfilled the terms of the agreement and has the right to exclusive possession of the land.
Outcome
In favor of the plaintiff
Orders
- A declaration that the plaintiff is the registered owner of the land parcel and entitled to exclusive possession
- Eviction order to be issued within six months
- Costs of the suit to be awarded to the plaintiff
Remedies
- Eviction of the defendant and his agents from the land parcel
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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