Kamau Kungu & another v Francis Kungu Njoroge & another [2020] KEELC 3390 (KLR)
- Court
- Environment & Land Court
- Case number
- 3390
- Citation
- [2020] KEELC 3390 (KLR)
- Decided
- 27 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureAppeal from the original trialCoramJ. G. KEMEI
Holding
The suit is dismissed.
Facts
The Plaintiffs claim that the Defendants trespassed onto their land and created a road, damaging their property. The Defendants deny trespass and claim the road was a public access road.
Issues
- Position of the public road access
- Boundary dispute between the two parcels of land
Reasoning
The Court finds that the correct position of the access road is as per the 1985 mutation form. The Plaintiffs failed to prove trespass and there is no evidence of a boundary dispute.
Outcome
Dismissed
Orders
- Costs of the suit are to be paid by the Plaintiffs
Authorities cited
Legislation (1)
- Survey 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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