Jeremiah Nyambogo Mollo v Pithalis Odoro & 2 others [2020] KEELC 2961 (KLR)
- Court
- Environment & Land Court
- Case number
- 2961
- Citation
- [2020] KEELC 2961 (KLR)
- Decided
- 30 April 2020
The court orders that the 1st defendant's name be revoked and registered in the plaintiff's name, any restriction on the land be removed, and an order of eviction against the 2nd and 3rd defendants be issued after a 90-day notice.
Facts
The plaintiff, Jeremiah Nyambogo Mollo, claims ownership of land parcel KISUMU/BUOYE/1352, which was previously owned by his grandmother, Masela Adoyo. The defendants, Pithalis Odoro, Ainda Ongaro, and George Odhiambo, have registered their names on the land registration record. The plaintiff alleges that the defendants have encroached on the land and are interfering with his peaceful possession.
Issues
- Ownership of land parcel KISUMU/BUOYE/1352
- Nullification of the 1st defendant's registration
- Eviction of the 2nd and 3rd defendants from the suit property
- Restraining order against defendants
Reasoning
The court finds that the plaintiff's evidence is not controverted and that he is entitled to the land. The defendants have encroached on the land, and the plaintiff has proved on a balance of probabilities that he is entitled to the land.
Outcome
In favor of the plaintiff
Orders
- Revocation of 1st defendant's registration
- Eviction of 2nd and 3rd defendants
- Restraining order against defendants
Remedies
- Nullification of the 1st defendant's registration
- Eviction of 2nd and 3rd defendants
- Restraining order against defendants
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