Petronilla Nekoye Kong’ani v John Barasa Wanyama & 12 others [2021] KEELC 3045 (KLR)
- Court
- Environment & Land Court
- Case number
- 3045
- Citation
- [2021] KEELC 3045 (KLR)
- Decided
- 3 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramBoaz N. Olao
Holding
The defendants are directed to vacate the land parcels within three months and be evicted in default. The land parcels are restored to the rightful owner.
Facts
The suit properties were registered in the name of Ainea Wawire Kongani (deceased) since 1973. Defendants trespassed onto the properties in 1990.
Issues
- Defendants' registration and possession of the land parcels
- Restoration of the land parcels to the rightful owner
Reasoning
The Constitution protects the rights of widows, and the defendants trespassed illegally.
Outcome
Defendants ordered to vacate land parcels and restored to rightful owner
Orders
- Rectify the register by cancelling the names of the defendants from the land parcels and restore the land parcels to the rightful owner
- Re-survey and re-store the land parcels to their original acreage
- Direct defendants to vacate the land parcels within three months and be evicted in default
- Restrict defendants from re-entering the land parcels
Remedies
- Damages for trespass
- Costs of the suit
Authorities cited
Legislation (1)
- Article 27(5) of the Constitution of Kenya
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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