Agnes Wambui Kiritu & another v Nicasio Murithi & 3 others [2021] KEELC 2315 (KLR)

Facts

The Plaintiffs, Agnes Wambui Kiritu and Esther Njeri Karogo, claimed to be the lawful proprietors of the suit property (Title No. Nairobi/Block 126/83) in Kamulu, Nairobi. They alleged that the Defendants, Nicasio Murithi, Farrowson Murithi Gichovi, Samuel Mwangi Thuo, and John Ngugi Wanja, entered and occupied the property without their consent and constructed permanent structures on it.

Issues

1. Whether the Defendants are trespassers on the suit property
2. Whether the Plaintiffs are entitled to the reliefs sought

Reasoning

The Plaintiffs established they were the lawful proprietors of the suit property and the Defendants had entered and put up structures thereon without their permission. The Defendants did not provide any evidence to justify their occupation, thus they are found to be trespassers.

Outcome

The Plaintiffs are entitled to a declaration that they are the bona fide proprietors of the suit property, an order for the Defendants to demolish the permanent houses on the property, and general damages for trespass and unlawful occupation.

Authorities cited