Pkukat Psiren v Nguriatukei Psiren & 2 others [2018] KEELC 3988 (KLR)
- Court
- Environment & Land Court
- Case number
- 3988
- Citation
- [2018] KEELC 3988 (KLR)
- Decided
- 6 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPosturePlaintiff seeks declaration and injunction against defendantsCoramMWANGI NJOROGE
Holding
The court declares that the defendants have no proprietary interest in the land and orders them to vacate and/or be evicted. It grants a permanent injunction against the defendants from interfering with the plaintiff's use and occupation of the land.
Facts
The plaintiff claims ownership of land parcel West Pokot/Kanyarakwat “B”/65, which the defendants trespassed upon in March 2012. The defendants were acquitted under Section 210 of the Criminal Procedure Code, but continued to claim the land.
Issues
- Ownership of land parcel West Pokot/Kanyarakwat “B”/65
- Defendants' right to use the land
Reasoning
The plaintiff provided sufficient evidence to prove his claim on a balance of probabilities, while the defendants failed to defend the suit.
Outcome
Plaintiff wins
Orders
- Declaration that defendants have no proprietary interest in the land
- Permanent injunction against defendants
Remedies
- Eviction of defendants
- Prohibition of defendants from interfering with the plaintiff's use and occupation of the land
Authorities cited
Legislation (1)
- Criminal Procedure Code
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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