Amos Shikomera Ndakwa v Samuel Odhiambo Lumbasi [2020] KEELC 3559 (KLR)
- Court
- Environment & Land Court
- Case number
- 3559
- Citation
- [2020] KEELC 3559 (KLR)
- Decided
- 19 February 2020
The plaintiff is the registered proprietor of the land, and the defendant's trespassing is illegal. The court grants a permanent injunction to restrain the defendant from trespassing on the land.
Facts
The plaintiff, Amos Shikomera Ndakwa, is the registered proprietor of land parcel S/Kabras/Shamberere/3609. On June 15, 2017, the defendant, Samuel Odhiambo Lumbasi, illegally trespassed onto the land, uprooted cane, and planted sweet potatoes and grazed cattle on it, causing the plaintiff loss and damage.
Issues
- Ownership of the land
- Defendant's trespassing
Reasoning
The court found that the plaintiff's title is indefeasible and can only be challenged if it was obtained through a fraudulent scheme, which the defendant has not done. The plaintiff proved his case on a balance of probabilities.
Outcome
In favor of the plaintiff
Orders
- An order of permanent injunction to restrain the defendant from trespassing on the land
Remedies
- Permanent injunction
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Elijah Makeri Nyangw’ra –vs- Stephen Mungai Njuguna & Another (2013) eKLR
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