Paul Ngigi Karanja v Allan Schemekher (Environment & Land Case 182 of 2017) [2020] KEELC 1858 (KLR) (30 June 2020) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1858
- Citation
- [2020] KEELC 1858 (KLR)
- Decided
- 30 June 2020
The Plaintiff is entitled to protection of the law under the provisions of section 24, 25, and 26 of the Land Registration Act. The Defendant encroached on the Plaintiff's land and interfered with the Plaintiff's use and occupation by developing and constructing structures thereon. The Defendant is ordered to demolish any building or structures constructed on the Plaintiff's LR. Title No. NGONG/NGONG/4530 without the Plaintiff's consent and/or knowledge, at his costs after 90 days from the date hereof.
Facts
The Plaintiff, Paul Ngigi Karanja, claimed that the Defendant, Allan Schemekher, had illegally encroached on his land by constructing a house and other structures without his consent. The Plaintiff sought orders for the Defendant to demolish the structures and pay the Plaintiff's actual LR Title No. NGONG/NGONG/4531.
Issues
- Whether the Plaintiff is the registered and absolute proprietor of the suit land.
- Whether the Defendant encroached on the Plaintiff's land and constructed structures without the Plaintiff's consent.
Reasoning
The Plaintiff's Certificate of Title was undisputed and prima facie evidence that he is the registered and absolute proprietor of the suit land. The Defendant's encroachment was uncontroverted, and he failed to provide evidence of ownership over the suit land.
Outcome
In favor of the Plaintiff
Orders
- The Defendant be and is hereby ordered to demolish any building or structures constructed on the Plaintiff’s LR. Title No. NGONG/NGONG/4530 without the Plaintiff’s consent and/or knowledge, at his costs after 90 days from the date hereof failure of which the Plaintiff will be at liberty to do so.
Remedies
- Demolition of structures on the Plaintiff's land
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (3)
- Checkers Trading Ltd & Another V Fatuma Kimathi Mombasa CA No. 317 of 2003
- Ahmed Ibrahim Suleiman and Another vs. Noor Khamisi Surur (2013) eKLR
- Willy Kipsongo Morogo v Albert K. Morogo (2017) eKLR
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