Irene Katumbu Kimanthi v Philip Mwania & 3 others [2018] KEELC 4439 (KLR)
- Court
- Environment & Land Court
- Case number
- 4439
- Citation
- [2018] KEELC 4439 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramO.A. ANGOTE
Holding
The Court orders the Defendant to be restrained from throwing rubbish and causing it to fall on the Plaintiff's plot, and from allowing his flat to encroach onto and interfere with the Plaintiff's plot.
Facts
The Plaintiff, Irene Katumbu Kimanthi, is the registered and legal owner of Kitui Municipality Zone 83 Plot No. 5, while the Defendant, Philip Mwania, owns a three-storeyed flat on Kitui Municipality Zone 83 Plot No. 6. The flat encroaches onto and crosses the boundary wall of the Plaintiff's plot.
Issues
- Restraining the Defendant from throwing rubbish and causing it to fall on the Plaintiff's plot
- Restraining the Defendant from allowing his flat to encroach onto and interfere with the Plaintiff's plot
- Ordering the Defendant to pay the costs of the Application
Reasoning
The Court found that the Defendant's construction encroaches onto the Plaintiff's plot and ordered the Defendant to be restrained from such encroachment.
Outcome
Appeal dismissed
Orders
- Restraint from throwing rubbish and causing it to fall on the Plaintiff's plot
- Restraint from allowing the Defendant's flat to encroach onto and interfere with the Plaintiff's plot
Remedies
- Restraint from encroachment and interference
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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