Herbert Wanganya Wanga v Jonai Makana Obora & another [2020] KEELC 1818 (KLR)
- Court
- Environment & Land Court
- Case number
- 1818
- Citation
- [2020] KEELC 1818 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramA. OMOLLO
Holding
The court grants a permanent injunction against the 2nd defendant to restrain him from encroaching on the plaintiff's land and directs him to respect the boundary as fixed by the County Land Registrar and Surveyor.
Facts
The plaintiff, Herbert Wanganya Wanga, claimed that he is the registered owner of land titled L.R No. Marachi/Elukhari/1128, measuring 41⁄2 acres, and that the defendants, Jonai Makana Obora and Josam A. Wanga, have encroached on his land since 1981.
Issues
- Ownership of land L.R No. Marachi/Elukhari/1128
- Boundary dispute between plaintiff and 2nd defendant
Reasoning
The court found that the plaintiff proved his case against the 2nd defendant, but the plaintiff's claim against the 1st defendant was not proven.
Outcome
Partial success for the plaintiff
Orders
- Permanent injunction against the 2nd defendant to restrain encroachment on the plaintiff's land
Remedies
- Mesne profits for the period of encroachment
Authorities cited
Legislation (2)
- Land Registration Act
- Survey Act
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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