Charles Chebore Chelimo & another v Jackson Cherono [2019] KEELC 402 (KLR)
- Court
- Environment & Land Court
- Case number
- 402
- Citation
- [2019] KEELC 402 (KLR)
- Decided
- 4 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTortPostureAppeal from a judgment of the High Court of Kenya at EldoretCoramM. A. Odeny
Holding
The plaintiffs are the bona fide owners of the suit land and the defendant is a trespasser. A permanent injunction is issued restraining the defendant from interfering with the plaintiffs' use, possession, and ownership of the land.
Facts
The plaintiffs sued the defendant for an injunction to prevent him from interfering with their use, possession, and ownership of a parcel of land. The defendant was served with a hearing notice but did not attend the hearing or prosecute the counterclaim.
Issues
- Whether the plaintiffs are the bona fide owners of the suit land
- Whether the defendant is a trespasser
Reasoning
The plaintiffs provided a title deed and other documents proving their ownership. The defendant was not registered as the owner of the land and had no right to be there.
Outcome
Plaintiffs' claim successful
Orders
- A permanent injunction restraining the defendant from interfering with the plaintiffs' use, possession, and ownership of the land
Remedies
- Permanent injunction
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Munyu Maina v. Hiram Gathiha Maina
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.
Loading judgment…