Prabhagauri Shashikant Maru v Pepe Limited [2018] KEELC 2635 (KLR)
- Court
- Environment & Land Court
- Case number
- 2635
- Citation
- [2018] KEELC 2635 (KLR)
- Decided
- 11 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPostureAppeal from the original trial outcomeCoramO.A. ANGOTE
Holding
The Plaintiff's suit is dismissed with no order as to costs.
Facts
The Plaintiff, Prabhagauri Shashikant Maru, claimed that the Defendant, Pepe Limited, unlawfully constructed a railway line on her land, L.R. No. 337/912, in Athi River, sub-dividing the land and making it unusable.
Issues
- Whether the Plaintiff has proved on a balance of probabilities that the Defendant trespassed on the suit land by constructing a railway line.
- Whether the Plaintiff has proved the payable mesne profits and damages.
Reasoning
The court found that the Plaintiff did not produce evidence to show that the Defendant built the railway line on her land. The court also noted that the Kenya Railways Corporation Act mandates the Corporation to construct railway lines, and the Plaintiff failed to join the Corporation in the suit.
Outcome
Dismissed
Authorities cited
Legislation (1)
- Kenya Railways Corporation Act
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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