Luka Ruteere & 2 others v Marcella Kinaitore Mwimbi [2021] KEELC 2382 (KLR)
- Court
- Environment & Land Court
- Case number
- 2382
- Citation
- [2021] KEELC 2382 (KLR)
- Decided
- 28 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and Decree of Hon. G.N. Wakahiu - C.M (Maua) in CMCC No. 289 of 2010CoramFurniture Ltd Buckley L.
Holding
The Appellants' appeal is dismissed.
Facts
The Respondent filed a suit for unlawful entry and occupation of land parcel No. 883/Kiengu/Kanjoo Adjudication Section registered in her deceased husband's name. The Defendants denied the matters pleaded in the plaint and raised a counterclaim that they are the recorded owners of land parcel No. 1142 Kiengu/Kanjoo Adjudication Section since 1992.
Issues
- Eviction order
- Ownership of land parcel No. 883/Kiengu/Kanjoo Adjudication Section
- Fraudulent superimposition of land parcels
Reasoning
The court found that the Respondent had a valid claim to the land parcel and that the Defendants' counterclaim was not supported by evidence.
Outcome
Appeal dismissed
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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