Aden Abdullahi Mohamed v George Dominic Otieno & 2 others [2021] KEELC 1428 (KLR)
- Court
- Environment & Land Court
- Case number
- 1428
- Citation
- [2021] KEELC 1428 (KLR)
- Decided
- 21 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureNotice of Motion Application to strike out Plaintiff's suitCoramHavelock
Holding
The Plaintiff's cause of action is not a boundaries dispute.
Facts
The Plaintiff claims that the Defendants entered his land, took possession, and built a permanent structure, denying him use and enjoyment of the land. The Defendants deny these allegations and counterclaim for a declaration of ownership.
Issues
- Whether the Plaintiff's cause of action is a boundaries dispute.
- Whether a boundaries dispute involving L.R. 19952/188 and 19952/185 falls within the ambit of Section 18(2) of the Land Registration Act.
- Whether the Court has jurisdiction to entertain the Plaintiff's suit.
- Who should bear the costs of the Application.
Reasoning
The Plaintiff's claims are based on wrongful entry, unlawful possession, and trespass, which do not constitute a boundaries dispute.
Outcome
The Plaintiff's suit is not struck out.
Orders
- The Plaintiff's suit is not struck out.
- The costs of the Application are not to be borne by the Plaintiff.
Remedies
- Vacant possession.
- Permanent injunction.
- General damages for trespass.
Authorities cited
Legislation (2)
- Land Registration Act, No. 3 of 2012
- Civil Procedure Rules, 2012
Cases cited (5)
- DT Dobie & Co. (K) Ltd. vs Muchira (1982) KLR
- George Kamau Macharia vs. Dexta Ltd (2019) eKLR
- Azzuri Limited vs. Pink Properties Limited (2017) e KLR
- Azzuri Limited vs. Pink Properties Limited (2018) eKLR
- Land Registrar's mandate over general boundaries
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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