Rosemary Atieno Mbogo v Rose Atieno Juma & 4 others [2019] KEELC 4001 (KLR)
- Court
- Environment & Land Court
- Case number
- 4001
- Citation
- [2019] KEELC 4001 (KLR)
- Decided
- 19 March 2019
Summary at a glance
TypeEviction SuitPostureReview of OrdersCoramG.M. A. Ong’ondo
The plaintiff's claim is not a liquidated demand and the designated magistrate's orders can be reviewed by the Environment and Land Court.
Facts
The plaintiff initiated a Fast Track suit seeking eviction orders against the defendants for the suit land, LR NO. KABUOCH/KOBITA/KAWUOR/2332, measuring approximately 2.70 hectares. The suit was filed on 31st October 2017 and amended on 16th April, 2018.
Issues
- Whether the eviction orders sought by the plaintiff are valid under the Land Act, 2016
- Whether the designated magistrate's orders can be reviewed by the Environment and Land Court, as per the Environment and Land Court Act, 2015
Reasoning
The court notes that the plaintiff's claim is not a liquidated demand and that the designated magistrate's orders can be reviewed by the Environment and Land Court.
Outcome
The suit is dismissed.
Orders
- The suit is dismissed.
- The plaintiff's claim is not a liquidated demand.
Authorities cited
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