Seventhday Adventist Church (E.A) Ltd (Nairobi East S.D.A. Church) v Strathmore Educational TrustRegistered Trustees & 2 others [2019] KEELC 1587 (KLR)
- Court
- Environment & Land Court
- Case number
- 1587
- Citation
- [2019] KEELC 1587 (KLR)
- Decided
- 30 September 2019
The plaintiff's suit is dismissed as against all the defendants. Judgment is entered for the 1st defendant against the plaintiff for special and general damages and interest. Judgment is entered for the 3rd defendant against the plaintiff for general damages for trespass and interest.
Facts
The plaintiff, Nairobi East SDA Church, purchased land from the 2nd defendant, Strathmore Educational Trust, and later claimed the 1st and 3rd defendants trespassed on the land. The 3rd defendant claimed the plaintiff trespassed on her land.
Issues
- Whether the plaintiff illegally entered the 3rd defendant's parcel of land and caused loss and damage to the 3rd defendant.
- Whether the 3rd defendant is entitled to the reliefs sought in her counter-claim.
Reasoning
The court found that the plaintiff wrongfully entered the 3rd defendant's parcel of land and caused her loss and damage. The 3rd defendant was entitled to the reliefs sought in her counter-claim.
Outcome
The plaintiff's suit is dismissed, and the 1st and 3rd defendants are awarded damages.
Orders
- The plaintiff's suit is dismissed as against all the defendants.
- Judgment is entered for the 1st defendant against the plaintiff for special and general damages and interest.
- Judgment is entered for the 3rd defendant against the plaintiff for general damages for trespass and interest.
Remedies
- General damages for trespass and mesne profits for the plaintiff.
- General damages for trespass for the 3rd defendant.
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