Richard Kausya Nzimbi v Peter Ndeleva Nzimbi & another [2018] KEELC 3038 (KLR)
- Court
- Environment & Land Court
- Case number
- 3038
- Citation
- [2018] KEELC 3038 (KLR)
- Decided
- 14 May 2018
Summary at a glance
TypeLand DisputePostureDefendants failed to enter appearance and file defenceCoramMBOGO C.G JUDGE
The court finds in favor of the plaintiff, ordering him to be evicted from the defendants' encroached portion of the land and awarding him Kshs. 150,000 in general damages.
Facts
The plaintiff, Richard Kausya Nzimbi, claims his land parcel UKIA/UTAATI/1179 was wrongly subdivided and that the defendants, Peter Ndeleva Nzimbi and Waita Ndeleva, have encroached on his land. The plaintiff registered a complaint with the Surveyor and the Land Registrar, who marked the boundaries, but the defendants obstructed the surveyor's work.
Issues
- Ownership of land parcel UKIA/UTAATI/1179
- Encroachment by defendants
Reasoning
The court confirms the plaintiff's claim to the land and orders eviction due to encroachment, awarding general damages for trespass.
Outcome
In favor of the plaintiff
Orders
- Orders of permanent and mandatory injunction against the defendants from interfering with the plaintiff's land
- Order for eviction of defendants from the plaintiff's land
- Order for the officer commanding Makindu Division to enforce the court's orders
Remedies
- Eviction of defendants from the plaintiff's land
- General damages of Kshs. 150,000
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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