Pauline Kerubo Orina v James Onchieku [2018] KEELC 1452 (KLR)
- Court
- Environment & Land Court
- Case number
- 1452
- Citation
- [2018] KEELC 1452 (KLR)
- Decided
- 12 October 2018
Summary at a glance
TypeReal Property DisputePostureAppeal from a final orderCoramJ. M. MUTUNGI, Ruth Court Assistant
The court finds in favor of the plaintiff, Pauline Kerubo Orina, and orders her eviction from the suit property.
Facts
Pauline Kerubo Orina and James Onchieku both claim ownership of land parcel Kisii Municipality/Block I/794. The plaintiff claims original ownership, while the defendant claims to have purchased the property.
Issues
- Ownership of the suit property
- Trespass and eviction
Reasoning
The court rules in favor of the plaintiff, finding that she has proven her case on a balance of probabilities.
Outcome
Plaintiff wins, defendant loses
Orders
- Permanent injunction against the defendant and his agents, servants or employees from trespassing into and interfering with the plaintiff's occupation, possession and use of the suit property
- Eviction order issued to evict the defendant from the suit property
Remedies
- Eviction from the suit property
Authorities cited
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