Zadock Obenda Isaya v Nixon Mboku Afanda [2018] KEELC 1811 (KLR)
- Court
- Environment & Land Court
- Case number
- 1811
- Citation
- [2018] KEELC 1811 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramN.A. MATHEKA
Holding
The court grants a permanent injunction restraining the defendant from interfering with the plaintiff's peaceful use of the land.
Facts
The plaintiff purchased a portion of land from Josephat Ogonda Inguva in 2004 and later transferred a portion of it to the defendant. The defendant trespassed onto the plaintiff's land and planted crops on it.
Issues
- Whether the defendant trespassed onto the plaintiff's land
- Whether the plaintiff has the right to a permanent injunction against the defendant
Reasoning
The court found that the plaintiff has the title to the land and the defendant trespassed onto it. The plaintiff proved his case on a balance of probabilities.
Outcome
In favor of the plaintiff
Orders
- An order of permanent injunction restraining the defendant from interfering with the plaintiff's peaceful use of the land
Remedies
- Permanent injunction
Authorities cited
Legislation (2)
- Land Registration Act
- Elijah Makeri Nyangw'ra v Stephen Mungai Njuguna & Another
Cases cited (1)
- Elijah Makeri Nyangw'ra v Stephen Mungai Njuguna & Another (2013) eKLR
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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