Tana and Athi Rivers Development Authority v Joseph Muli Mukuluta & 26 others [2020] KEELC 2050 (KLR)
- Court
- Environment & Land Court
- Case number
- 2050
- Citation
- [2020] KEELC 2050 (KLR)
The court finds that it has jurisdiction over the suit properties, the Plaintiff is the registered proprietor, and the Defendants have encroached upon the suit properties. The court orders eviction and restoration of beacons.
Facts
The Plaintiff, Tana and Athi Rivers Development Authority, filed a suit against 28 Defendants alleging encroachment and trespass on the suit properties, which are part of the buffer zone of Masinga Dam. The Defendants denied ownership and claimed pre-existing occupation.
Issues
- Whether the court has jurisdiction to entertain the suit.
- Whether the Plaintiff is the registered proprietor of the suit properties.
- Whether the Defendants have encroached or trespassed upon the suit properties.
- Whether the Defendants' activities on the suit properties are in contravention of Articles 42 and 69(2) of the Constitution of Kenya.
- Whether the Plaintiff is entitled to the reliefs sought in the plaint.
- Who shall bear the costs of the suit.
Reasoning
The court determined jurisdiction based on the Constitution and the Environment and Land Court Act, and found the Plaintiff to be the registered proprietor. The court ruled on encroachment based on the survey plans and the Plaintiff's evidence.
Outcome
Judgment for the Plaintiff
Orders
- Eviction order against the Defendants, their families, servants and agents from the suit properties.
- Nominal damages for trespass in the sum of Kshs. 100/- against the Defendants jointly and severally.
- Order of permanent injunction to restrain the Defendants from encroaching or trespassing upon the suit properties.
- Restoration of beacons marking out the boundaries of the suit properties within 30 days.
- Grace period of 30 days for the Defendants to vacate the suit properties after restoration of beacons.
Remedies
- Eviction
- Nominal damages
- Restoration of beacons
- Permanent injunction
Authorities cited
Legislation (2)
- Environment and Land Court Act, 2011
- Constitution of Kenya
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