Peter Karanja v Mariam Magdaline Kinyuru [2018] KEELC 790 (KLR)
- Court
- Environment & Land Court
- Case number
- 790
- Citation
- [2018] KEELC 790 (KLR)
- Decided
- 16 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramL. GACHERU
Holding
The Court finds that the Plaintiff has proved his case on the required standard of balance of probability against the Defendant and enters judgment for the Plaintiff on the prayer for an injunction and order to vacate the land.
Facts
The Plaintiff filed a claim against the Defendant for an injunction, order to vacate the land, and damages for trespass/mesne profit due to encroachment and presence of a caution on the Plaintiff's parcel of land.
Issues
- Whether the Defendant should be restrained from encroaching, entering, utilizing, constructing on, charging, selling or interfering with the Plaintiff's parcel of land.
- Whether the Defendant should vacate the land and remove the caution.
- Whether the Plaintiff is entitled to damages for trespass/mesne profit.
Reasoning
The Court finds that the Defendant has encroached on the Plaintiff's parcel of land and has placed a caution on the title, thus preventing the Plaintiff from enjoying his right as a proprietor.
Outcome
Judgment for the Plaintiff on the prayer for an injunction and order to vacate the land.
Orders
- The Defendant shall vacate the land and remove the caution.
- The Land Registrar, Kiambu is directed to remove the caution and restrictions placed on the suit property.
- The Plaintiff is entitled to costs of the suit.
Remedies
- Injunction against the Defendant from encroaching, entering, utilizing, constructing on, charging, selling or interfering with the Plaintiff's parcel of land.
- Order for the Defendant to vacate the land and remove the caution.
- Removal of the caution and restrictions placed on the suit property by the Land Registrar, Kiambu.
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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