Calistus Buhuru Shimalande v Patrick Brandon L. Mukhubi & another [2019] KEELC 2292 (KLR)
- Court
- Environment & Land Court
- Case number
- 2292
- Citation
- [2019] KEELC 2292 (KLR)
- Decided
- 24 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramN.A. MATHEKA
Holding
The court finds that the plaintiff has proved his case on a balance of probabilities against the first defendant only and grants an injunction order to issue against the 1st defendant restraining him from trespassing onto the plaintiff's land No. Kakamega/Shikulu/278.
Facts
The plaintiff claims that the defendants trespassed onto his land, while the defendants deny trespassing and claim ownership of the land.
Issues
- Whether the defendants trespassed onto the plaintiff's land
- Ownership of the land parcel No. Kakamega/Shikulu/3023
Reasoning
The court considered the Land Registration Act and the case of Elijah Makeri Nyangw’ra –vs- Stephen Mungai Njuguna & Another (2013) eKLR, ruling that the plaintiff is the registered proprietor of the land.
Outcome
The plaintiff wins the case against the first defendant.
Orders
- An injunction order to issue against the 1st defendant restraining him from trespassing onto the plaintiff's land No. Kakamega/Shikulu/278
Remedies
- Costs of the suit to be borne by the 1st defendant
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Elijah Makeri Nyangw’ra –vs- Stephen Mungai Njuguna & Another (2013) 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.
Loading judgment…