Elizabeth Chemutai Chepkwony v Janeth Chepkoech & another [2019] KEELC 2702 (KLR)
- Court
- Environment & Land Court
- Case number
- 2702
- Citation
- [2019] KEELC 2702 (KLR)
- Decided
- 27 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureDefendants were not served with Summons and did not file a defence.CoramJ.M ONYANGO
Holding
The Plaintiff is the registered proprietor of the suit property and is entitled to an order of eviction and a permanent injunction.
Facts
The Plaintiff, Elizabeth Chemutai Chepkwony, claimed that Janeth Chepkoech and John Irina Miranga had trespassed on her land parcel number KERICHO/RORET/1090. She sought an order of eviction and a permanent injunction.
Issues
- Whether the Plaintiff is the registered proprietor of the suit property.
- Whether the Defendants have trespassed onto the suit property measuring 2 acres.
- Whether the Plaintiff is entitled to the reliefs sought.
Reasoning
The Plaintiff is the registered owner of the land as evidenced by her exhibits. The defendants have not demonstrated any lawful claim to the suit land. The evidence shows that the defendants are unlawfully occupying the suit property, which amounts to trespass.
Outcome
Judgment for the Plaintiff
Orders
- A permanent injunction is hereby issued restraining the Defendants from trespassing upon, ploughing or doing any other acts which are prejudicial to the plaintiff’s proprietary interest in land parcel number L.R No. KERICHO/RORET/1090.
- The Defendants are hereby ordered to vacate the suit property within 30 days from the date of service of the decree herein upon failing which the Plaintiff may apply for an eviction order.
- The costs of this suit shall be borne by the Defendants.
Remedies
- Permanent injunction
- Order of eviction
Authorities cited
Legislation (1)
- Land Registration Act No 3 of 2012
Cases cited (1)
- Nyangeri Obiye Thomas V Yunuke Sakagwa Nyoiza ELC Case No.277 of 2018
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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