Tima Maulana v Saib Fuad Rudeny [2018] KEELC 1729 (KLR)
- Court
- Environment & Land Court
- Case number
- 1729
- Citation
- [2018] KEELC 1729 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from a lower court decisionCoramJ.O. OLOLA
The Plaintiff is allowed access to her land pending the hearing and determination of the suit
Facts
The Plaintiff purchased two portions of land from John Charo Shutu in 2003, and has been using an access road to her property. The Defendant, who bought his land in 2013, built a perimeter wall that blocked the access road.
Issues
- Whether the Plaintiff has a right to use the access road
- Whether the Defendant's actions constitute a breach of the Plaintiff's rights
Reasoning
The Court found that the Plaintiff has been using the access road for 11 years and that the Defendant's actions blocked her access. The Court dismissed the Defendant's application and allowed the Plaintiff's application.
Outcome
Appeal dismissed
Orders
- Defendant's application dismissed
- Plaintiff's application allowed
- Costs to be in the cause
Remedies
- Plaintiff's access to her land pending the hearing and determination of the suit
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