Philip Olali Ocharo v Walter Odhiambo Ogwada T/A Marowa Hardware [2019] KEELC 2690 (KLR)
- Court
- Environment & Land Court
- Case number
- 2690
- Citation
- [2019] KEELC 2690 (KLR)
- Decided
- 8 April 2019
Summary at a glance
TypeReal Property DisputePostureAppeal from a decision of the Kisii Environment and Land CourtCoramChesoni, E. Obaga, Mutungi, Samson Okongo
The court finds in favor of the plaintiff, declaring him the lawful, bona-fide and registered owner of the suit premises.
Facts
The plaintiff, Philip Olali Ocharo, claims to be the lawful and registered proprietor of LR NO. 8534/48, located in Migori Town, Migori County. The defendant, Walter Odhiambo Ogwada, is trading as Marowa Hardware. The defendant allegedly began construction on his adjoining land in 2012, causing restrictions on access to the plaintiff's suit premises.
Issues
- Whether the plaintiff is the lawful and registered proprietor of the suit premises
- Whether the plaintiff's case is legally tenable
Reasoning
The court accepted the plaintiff's evidence, including provisional certificate of title, grant, photographs, and structural engineer's report, to establish his ownership.
Outcome
In favor of the plaintiff
Orders
- Declaration that the plaintiff is the lawful, bona-fide and registered owner of the suit premises
- Permanent injunction restraining the defendant from entering, mixing concrete, hoisting props on, trespassing onto, interfering with the suit premises
- Special damages in the sum of Kshs. 2,262,000/=
- Interest on special damages at court rates
- Costs of the suit to be borne by the defendant
- Such further and/or other relief as the Honourable court may deem fit and expedient so to grant
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