Lucas A. O. N. Ochieng v Judith Otieno Owiti; Kisumu Municipal Council (Third Party) [2020] KEELC 616 (KLR)
- Court
- Environment & Land Court
- Case number
- 616
- Citation
- [2020] KEELC 616 (KLR)
- Decided
- 20 November 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramJUSTICE S. M. KIBUN, KIAGE, KIBUNJA, MOHAMED, OMWAYO, OUKO, PLATT Ag, Boaz N. Olao
Holding
The court issued an injunction restraining the plaintiff from entering, occupying, or constructing on the land parcel pending the hearing and determination of the appeal.
Facts
The plaintiff filed a lawsuit against the defendant and the third party (Kisumu Municipal Council) regarding the removal of fixtures and structures from the plaintiff's land.
Issues
- Removal of fixtures and structures from the plaintiff's land
- Taxing of the Bill of Costs
Reasoning
The court ruled that the defendant's request to re-tax the Bill of Costs was not justified due to non-compliance with the Advocates Remuneration Order.
Outcome
Appeal allowed in part, Chamber Summons struck out with costs to the third party
Orders
- Injunction restraining the plaintiff from entering, occupying, or constructing on the land parcel
- Defendant to meet her own costs of the application
Remedies
- Injunction
- Removal of fixtures and structures
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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