John Githui Gatua v County Government of Turkana & another [2020] KEELC 2183 (KLR)
- Court
- Environment & Land Court
- Case number
- 2183
- Citation
- [2020] KEELC 2183 (KLR)
- Decided
- 20 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramSTDEFENDANT
Holding
The court declares that the three plots belong to the estate of the plaintiff's late father and orders the defendants to vacate the plots and stop using them.
Facts
The plaintiff's late father was allocated three plots at California market in Lodwar town during plot allocation meetings held on 10/11/81, 25/4/85, and 23/9/85. The plaintiff claims these plots belong to his estate.
Issues
- Was the plaintiff's late father the owner of the 3 plots at California market in Lodwar town?
- Have the defendants trespassed on the said plots?
- What orders should issue?
Reasoning
The court found that the plaintiff's late father was the rightful owner of the plots based on the plot allotment letters and receipts issued by the Lodwar Municipal Council and the County Council of Turkana.
Outcome
The plaintiff's claim is upheld.
Orders
- A declaration that the three plots belong to the estate of the plaintiff's late father.
- An order of eviction of the 2nd defendant from the three plots.
- An order of injunction directing the 1st defendant to pull down and remove all temporary stalls on the plots and stop using them as an open market.
Remedies
- General damages
- Special damages of Ksh 20,040
Authorities cited
Cases cited (2)
- Marcus Mutual Muluvi and another vs Philip Tonui and another (2012) eKLR
- Shiva Mombasa Ltd vs Kenya Revenue Authority (2005) 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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