Joshua Ngeno v Kenya Power & Lighting Company Limited & County Government of Kericho [2021] KEELC 2407 (KLR)
- Court
- Environment & Land Court
- Case number
- 2407
- Citation
- [2021] KEELC 2407 (KLR)
- Decided
- 29 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramJ.M Mutungi
Holding
The Plaintiff is the owner of the suit land and the Defendants trespassed on his land by erecting electricity poles and laying water pipes without his consent.
Facts
The Plaintiff claimed that the Defendants trespassed on his land by erecting electricity poles and laying water pipes without his consent, thereby depriving him of the maximum use of his land.
Issues
- Whether the Plaintiff is the owner of the suit land.
- Whether the Defendants trespassed on the Plaintiff’s land.
- Whether the Plaintiff is entitled to compensation of mesne profits and general damages from the Defendants.
Reasoning
The Plaintiff is the owner of the suit land as evidenced by his title deed. The Defendants' actions were found to be trespassing as they did not obtain prior permission and did not notify the Plaintiff before entering his land.
Outcome
Affirmed
Remedies
- That the Defendants be compelled to remove the electricity poles and water pipes from the suit property.
- Mesne profits
- General damages
- Cost of this suit and any other relief that the court may deem fit and just to grant.
Authorities cited
Legislation (1)
- Energy Act, CAP 314, Laws of Kenya
Cases cited (1)
- Park Towers Ltd v. John Mithamo Njika & 7 others (2014) eKLR
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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