Premier Daffodil Limited v Speedbird Travel and Safaris Limited [2021] KEELC 2246 (KLR)
- Court
- Environment & Land Court
- Case number
- 2246
- Citation
- [2021] KEELC 2246 (KLR)
- Decided
- 19 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePostureAppeal from the original trialCoramK. BOR
Holding
The Plaintiff has proved its case on a balance of probabilities and is granted prayers (a) and (b) sought in the plaint. The Defendant's counterclaim is dismissed.
Facts
The Plaintiff claims to have purchased land from Wrigley Company (East Africa) Limited, while the Defendant claims to have purchased the land from Tui Limited. The Plaintiff seeks a declaration of ownership and an injunction, while the Defendant seeks a declaration of ownership and damages.
Issues
- Who holds a superior title to the Suit Property
- Proving the root of title
Reasoning
The court found that the Plaintiff has a valid title and has traced its root of title, while the Defendant failed to do so.
Outcome
Plaintiff wins
Orders
- Plaintiff awarded general damages of Kshs. 1,000,000/= for trespass
- Defendant pays Plaintiff's costs and counterclaim costs
Remedies
- Declaration of ownership
- Injunction to restrain Defendant from trespassing
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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