Robert Kioko Muthiani (suing as an Administrators of the Estate of Muthiani Musomba) v Mathenge Manoti [2019] KEELC 2952 (KLR)
- Court
- Environment & Land Court
- Case number
- 2952
- Citation
- [2019] KEELC 2952 (KLR)
- Decided
- 20 June 2019
Summary at a glance
TypeLand SuitPostureDefendant was served with summons and failed to file a defence, the case proceeded as an undefended suit.CoramMbogo C.G.
The court finds for the Plaintiff and orders an eviction of the Defendant from the subject land, Kshs. 200,000 in general damages, and costs of the suit.
Facts
The Plaintiff is the administrator of the estate of Muthiani Musomba and holds land parcel number Mbitini/Ngetha/390 in trust for other beneficiaries. The Defendant unlawfully trespassed onto the land and erected a chain link.
Issues
- What are the damages the Plaintiff is entitled to?
- Whether the Defendant should be evicted from the subject land.
Reasoning
The court finds the Plaintiff is the registered owner of the land and the Defendant trespassed. The court awards nominal damages as the Plaintiff has not suffered actual loss.
Outcome
For the Plaintiff
Orders
- Eviction of the Defendant from the subject land
- Kshs. 200,000 in general damages
- Costs of the suit
Remedies
- Eviction of the Defendant
- General damages of Kshs. 200,000
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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