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Samoei Mongony v Musa Mongony [2020] KEELC 3030 (KLR)

[2020] KEELC 3030 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3030
Citation
[2020] KEELC 3030 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court decisionCoramKLR Mutungi
Holding

The court granted the plaintiff's orders for vacant possession of the suit land.

Facts

The plaintiff, Samoei Mongony, claims to be the registered owner of land parcel No UASIN GISHU/KONDOO/766. The defendant, Musa Mongony, is in occupation of the land. The plaintiff produced a title deed and minutes of a meeting at the Chief's office Tarakwa.

Issues

  1. Whether the plaintiff is entitled to the orders sought for vacant possession of the suit land.

Reasoning

The court found that the plaintiff is the registered owner of the land and that the defendant is in occupation of it. The court relied on Sections 24, 25, and 26 of the Land Registration Act.

Outcome

In favor of the plaintiff

Orders

  • An order that the defendant, his servants or agents be and is hereby evicted from land parcel No UASIN GISHU/KONDOO/766.

Remedies

  • Costs of the suit

Authorities cited

Legislation (1)
  • Land Registration Act
Cases cited (1)
  • Section 24, 25, and 26 of the Land Registration 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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