Paul Njeru Mwathe v Vidya Thira Mwathe & 3 others [2020] KEELC 1452 (KLR)
- Court
- Environment & Land Court
- Case number
- 1452
- Citation
- [2020] KEELC 1452 (KLR)
- Decided
- 6 August 2020
The application is certified urgent and the restraining order is granted. The application will be heard on September 22, 2020. The defendant is ordered to transfer 2.6 acres from Land Parcel Numbers KYENI/MUFU/7142 to 7148 to the plaintiff.
Facts
The plaintiff, Paul Njeru Mwathe, claims that the defendant, Vidya Thira Mwathe, has not implemented a court decree that he holds Land Parcel No. KYENI/MUFU/7142 to 7148 in trust for the plaintiff. The plaintiff alleges that the defendant has tried to evict him from the land and has sold it to third parties.
Issues
- Eviction from land
- Transfer of land
- Implementation of court decree
Reasoning
The court finds that the decree has not been implemented and that the defendant has tried to evict the plaintiff from the land. The plaintiff is granted a restraining order and the transfer of land is ordered.
Outcome
The application is granted.
Orders
- The application is certified urgent.
- The application will be heard on September 22, 2020.
- The defendant is ordered to transfer 2.6 acres from Land Parcel Numbers KYENI/MUFU/7142 to 7148 to the plaintiff.
Remedies
- Restraining order against eviction
- Transfer of land
Authorities cited
Legislation (1)
- Civil Procedure Act
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