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Titus Ng’ang’a Kamuyu v Joseph Gitagi Mutheki & another [2018] KEELC 2987 (KLR)

[2018] KEELC 2987 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2987
Citation
[2018] KEELC 2987 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramD. O. OHUNGO
Holding

The 1st defendant is ordered to vacate the parcel of land known as Bahati/Engorusha Block 1/8 within 30 days of service of the orders. In default, the 1st defendant and his agents or servants be evicted from the property.

Facts

The plaintiff claimed to be the registered proprietor of land known as Bahati/Engorusha Block 1/8. He alleged that the defendants, the son of the second defendant, had invaded the land, constructed a permanent house on it, and grazed animals on it. The second defendant passed away, and the suit against him abated. The first defendant did not appear in court.

Issues

  1. Ownership of land
  2. Trespass and eviction

Reasoning

The court found that the plaintiff is the registered proprietor of the land and that the first defendant had invaded the property.

Outcome

In favor of the plaintiff

Orders

  • Eviction of the 1st defendant from the suit premises within 30 days of service of the orders

Remedies

  • Eviction of the 1st defendant from the suit premises

Authorities cited

Legislation (1)
  • Land Act, 2012
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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