Margaret Wasonga Samwel Chacha, Boke Samwel Chacha & Nyamboga Samwel Chacha (Suing as administrators of the estate of Samwel Chacha Mango –Deceased) v Mokami Matiko (Suing as an administrator of the estate of Yunus Matiko Boke Deceased) [2019] KEELC 4036 (KLR)
- Court
- Environment & Land Court
- Case number
- 4036
- Citation
- [2019] KEELC 4036 (KLR)
- Decided
- 6 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of the trial courtCoramG.M.A Ongondo
Holding
The court finds that the appellants have established their case against the respondent on a balance of probability and sets aside the trial court's judgment and decree.
Facts
The appellants claim a permanent injunction against the respondent for trespass to the suit land, LR Bugumbe/Mabera/59, and seek a declaration that the suit land is legally owned by the appellants. The respondent denies the appellants' claim and argues that the suit land was bought from the original owner, Paul Nchagwa.
Issues
- Whether the appellants have established their case against the respondent on a balance of probability
- Whether the trial court's judgment and decree should be set aside
Reasoning
The court re-evaluates the evidence and finds that the appellants have provided sufficient evidence to support their claim. The court also notes that the respondent did not provide evidence to counter the appellants' claim.
Outcome
Appeal allowed
Orders
- Set aside the trial court's judgment and decree
- Grant a permanent injunction against the respondent for trespass to the suit land
- Issue a declaration that the suit land is legally owned by the appellants
- Award Kshs. 100,000/= as general damages for trespass
- Bearing the costs of the appeal and the suit
Remedies
- Permanent injunction
- Declaration of ownership
- General damages
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21 of the Laws of Kenya)
Cases cited (6)
- Selle and another –v- Associated Motor Boat Company Ltd (1968) EA 123
- Kenya Power and Lighting Company Limited- vs EKO and another (2018) eKLR
- Mary Wanjiku Gachigi –v- Ruth Muthoni Kamau Court of Appeal Civil Appeal No. 172 of 2000
- Anne Wambui Nderitu –v- Joseph Kiprono Ropkoi and Another Court of Appeal Civil Appeal no. 345 of 2000
- Vincent Koskei –v- Benard Koskei [2018] eKLR
- Duncan Nderitu Ndegwa v Kenya Power & Lighting Compant Limited & Another [2013] eKLR
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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