Sabastian Otieno Omari & 4 others v Derek Otieno Oluoch [2018] KEELC 4894 (KLR)
- Court
- Environment & Land Court
- Case number
- 4894
- Citation
- [2018] KEELC 4894 (KLR)
- Decided
- 13 December 2018
Summary at a glance
TypeLand DisputePostureAppeal from a lower court judgmentCoramG.M.A. ONGONDO
The court finds in favor of the plaintiffs, declaring them the bona-fide and registered owners of the suit land and granting a permanent injunction against the defendant.
Facts
The plaintiffs claim ownership of a piece of land, LR NO. WEST KASIPUL/KONYANGO KOKAL /219, which was initially registered in the name of Okwany Ogwang, the grandfather of the plaintiffs. The defendant claimed ownership and disputed the plaintiffs' claim, leading to a land boundary dispute.
Issues
- Ownership of the suit land
- Trespass and injunction against the defendant
Reasoning
The court adopts the reports of the Land Registrar and Surveyor, finding the plaintiffs' claim for trespass actionable and awarding them general damages.
Outcome
Judgment for the plaintiffs
Orders
- Declaration of ownership
- Permanent injunction
- Award of general damages
Remedies
- Declaration of ownership
- Permanent injunction
- General damages
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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