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Simiyu Namawanga v Shem Siya Kororia & another [2018] KEELC 649 (KLR)

[2018] KEELC 649 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
649
Citation
[2018] KEELC 649 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLand DisputePostureOriginal TrialCoramHon Justice G P Mbito (retired)
The court finds that the defendants are in occupation of the Plaintiff’s land and orders them to be evicted.

Facts

The Plaintiff is the administrator of the estate of his late father, who was the registered owner of LR. No. Elgon/ Kaptama/263. The Plaintiff seeks eviction of the defendants from the suit land. The defendants filed documents showing the land was sold in public auction and was previously charged to ICDC.

Issues

  • Whether the defendants are in occupation of the Plaintiff’s land and if so, whether they should be evicted.
  • What orders should issue?

Reasoning

The court considers the evidence and documents filed by both parties, including the Official Search Certificate, Title Deed, and documents showing the land was sold in public auction and previously charged to ICDC. The court concludes that the defendants are in occupation of the land and should be evicted.

Outcome

The defendants are ordered to be evicted from the suit land.

Orders

  • Eviction of the defendants from the suit land.

Authorities cited

Legislation (1)
  • Land Disputes Tribunal Act 1990
Cases cited (3)
  • Bungoma Misc Application No 113 of 2001
  • Bungoma HCCC 38 of 2009
  • Civil Suit No 20 of 1996 - Bungoma
⚠ 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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