Titus Ng’ang’a Kamuyu v Joseph Gitagi Mutheki & another [2018] KEELC 2987 (KLR)
- Court
- Environment & Land Court
- Case number
- 2987
- Citation
- [2018] KEELC 2987 (KLR)
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
- Ownership of land
- 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
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