Raphael Kariuki Wamae & another v Nancy Wanyoike & 3 others [2019] KEELC 3311 (KLR)
- Court
- Environment & Land Court
- Case number
- 3311
- Citation
- [2019] KEELC 3311 (KLR)
The court found in favor of the plaintiffs on all claims and awarded special damages for hiring an excavator and low-loader, deposit for fencing, and costs. The court did not award general damages.
Facts
The plaintiffs, the registered proprietors of a land, brought a suit against the defendants for trespassing and erecting a perimeter wall around the land. The plaintiffs claimed special damages for hiring an excavator and low-loader to remove the wall, and for depositing money to put up a live wire fence. They also sought a permanent injunction against the defendants' trespassing and encroachment on their land.
Issues
- Trespassing and encroachment on the plaintiffs' land
- Special damages for hiring excavator and low-loader
- Special damages for depositing money for fencing
- Permanent injunction against trespassing and encroachment
Reasoning
The court ruled in favor of the plaintiffs due to the plaintiffs' proof of trespassing and encroachment, and awarded special damages for hiring an excavator and low-loader and deposit for fencing.
Outcome
In favor of the plaintiffs
Orders
- Special damages for hiring an excavator and low-loader
- Special damages for depositing money for fencing
- Permanent injunction against trespassing and encroachment
- Costs of the suit
Remedies
- Special damages for hiring an excavator and low-loader
- Special damages for depositing money for fencing
- Permanent injunction against trespassing and encroachment
- Costs of the suit
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