Kenneth Kang’ethe Chege v Alexander Kisilu & 2 others [2021] KEELC 2613 (KLR)
- Court
- Environment & Land Court
- Case number
- 2613
- Citation
- [2021] KEELC 2613 (KLR)
- Decided
- 6 May 2021
The court finds that the plaintiff has proved his case on a balance of probabilities and allows the plaintiff's claim in terms of prayers (a), (b), (c), (d), (e), in addition to general damages for trespass assessed at Kshs.500,000/=.
Facts
The plaintiff purchased Plot No.275 from John Mwaura, a member of Embakasi/Njiru United Self Help Group. The plaintiff claims that the 1st Defendant, Alexander Kisilu, has trespassed on Plot No.275, which belongs to the plaintiff. The 1st Defendant constructed on Plot No.275 instead of Plot No.276, which is his own property.
Issues
- Ownership of Plot No.275
- Trespass by the 1st Defendant
Reasoning
The court accepted the plaintiff's evidence and the documents produced, finding that the 1st Defendant constructed on the wrong plot, which belongs to the plaintiff. The court declined the plaintiff's claim for compensation for developments on Plot No.274 as the plaintiff did not provide evidence.
Outcome
The plaintiff is awarded a permanent injunction, a declaration of ownership, and general damages for trespass. The plaintiff is ordered to remove structures built by the 1st Defendant from Plot No.275, and the 1st Defendant is ordered to pay costs of the suit.
Orders
- A permanent injunction restraining the 1st Defendant from trespassing on, developing, or otherwise dealing with Plot No.275
- A declaration that Plot No.275 belongs to the plaintiff
- A permanent injunction restraining the 1st Defendant from vacating Plot No.275 and removing all structures built thereon at his cost
- The 1st Defendant is ordered to pay costs of the suit
Remedies
- General damages for trespass assessed at Kshs.500,000/=
Loading judgment…