William Onyango Awere v Samuel Odero Awiro & 3 others [2018] KEELC 695 (KLR)
- Court
- Environment & Land Court
- Case number
- 695
- Citation
- [2018] KEELC 695 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramS. M. KIBUNJA
Holding
The court finds that the plaintiff's claim to the suit land is supported by oral testimonies and documentary evidence, and the registration of the suit land with Joel Awere Leiwa was regular, legal, and procedural.
Facts
William Onyango Awere sued Samuel Odero Awiro and three others for trespassing and encroaching on land parcel North Gem/Marenyo/591. The defendants claimed the land was theirs and disputed the plaintiff's ownership.
Issues
- Whether the registration of the suit land after adjudication was with the kin to the plaintiff or the defendants.
- Whether the registration of the plaintiff with the suit land was through fraud.
- Who between the parties herein is entitled to the orders sought.
- Who pays the costs of the plaintiff's suit and defendants counterclaim.
Reasoning
The court considers testimonies and evidence to determine the ownership and registration of the land, finding the plaintiff's claim valid.
Outcome
The court dismisses the defendants' counterclaim and issues a permanent injunction restraining the defendants from trespassing on the land.
Orders
- Permanent injunction restraining defendants from trespassing on the land.
- Defendants to pay plaintiff's costs of the suit.
- Dismissal of defendants' counterclaim with costs.
Remedies
- Permanent injunction
- Costs
Authorities cited
Legislation (1)
- Evidence Act Chapter 80 of Laws of Kenya
Cases cited (1)
- Odoyo Osodo – Vs – Rael Obara Ojuok & 5 Others (2017) eKLR
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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