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Peter Mwebi v Lilian Anyango Okello & another [2019] KEELC 1001 (KLR)

[2019] KEELC 1001 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1001
Citation
[2019] KEELC 1001 (KLR)
Decided
16 October 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePosturePlaintiff seeks declaration of ownership and eviction of defendantsCoramC.K. YANO
Holding

The court finds that the plaintiff is the legal owner of the suit properties and orders the defendants to vacate and demolish the illegal structures within 30 days.

Facts

The plaintiff claims to be the registered proprietor of four pieces of land in Mombasa County, titled CR 55409, 56721, 55411, and 55412. Defendants entered the land and constructed buildings without permission.

Issues

  1. Ownership of the suit properties
  2. Defendants' trespassing on the suit properties

Reasoning

The plaintiff's title documents and survey report establish his ownership. Defendants' unauthorized entry and construction constitute trespassing.

Outcome

Plaintiff wins

Orders

  • Declaration of ownership
  • Eviction order
  • Permanent injunction against trespassing

Remedies

  • Costs of the suit
  • Demolition of illegal structures

Authorities cited

Legislation (1)
  • Land Registration Act
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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