Presbyterian Foundation Limited v Principal Secretary Ministry of Interior & Co-ordination & 5 others [2021] KEELC 1624 (KLR)
- Court
- Environment & Land Court
- Case number
- 1624
- Citation
- [2021] KEELC 1624 (KLR)
- Decided
- 5 October 2021
Summary at a glance
TypePetition for Declaration and InjunctionPostureRespondents argued jurisdiction, ownership, and encroachment; Petitioner sought declaration, mandamus, and eviction.CoramPresiding Judge
The court has jurisdiction to determine the petition. The Petitioner is the lawful proprietor of the suit property. The 3rd Respondent has trespassed on the suit property. The Petitioner's rights under Articles 29(c), 32, and 40 of the Constitution have been violated. The Petitioner is entitled to the reliefs sought in the amended petition.
Facts
The Petitioner claimed ownership of Nairobi/Block61/639 (suit property) and sought to evict the 3rd Respondent, who had built structures on the property. The 3rd Respondent claimed lawful acquisition of the property.
Issues
- Whether the court has jurisdiction to determine the petition.
- Whether the Petitioner is the lawful proprietor of the suit property.
- Whether the 3rd Respondent has trespassed on the suit property.
- Whether the Petitioner's rights under Articles 29(c), 32, and 40 of the Constitution have been violated.
- Whether the Petitioner is entitled to the reliefs sought in the amended petition.
- Who is liable for the costs of the petition.
Reasoning
The court found no merit in the Respondents' argument that the dispute was over boundaries. The Petitioner's ownership was established through a lease instrument and certificate of lease. The court held that the 3rd Respondent trespassed and violated the Petitioner's rights.
Outcome
The court dismissed the petition.
Authorities cited
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