Stephen Olang Misigah v Lush Home Propoerties Limited [2021] KEELC 3049 (KLR)
- Court
- Environment & Land Court
- Case number
- 3049
- Citation
- [2021] KEELC 3049 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEviction and TrespassPostureAppeal from an original trial judgmentCoramC.K. YANO
Holding
The plaintiff is the owner of the suit properties and is entitled to vacant possession and an order of eviction against the defendant.
Facts
The plaintiff and defendant entered into a sale agreement for three parcels of land. The defendant did not complete the payment and the plaintiff canceled the agreement, proposing two options: complete one plot or forfeit the deposit.
Issues
- Ownership of the suit properties
- Vacant possession and eviction of the defendant
Reasoning
The court held that the plaintiff has a certificate of ownership, which is conclusive evidence of proprietorship under the Land Registration Act.
Outcome
The plaintiff is awarded Kshs. 1,000,000/= as general damages for trespass and costs of the suit are awarded to the plaintiff.
Orders
- Permanent injunction restraining the defendant from remaining on the properties
- Order of eviction for the forcible removal of the defendant
- Demolition of structures on the properties
Remedies
- Vacant possession of the properties
- Demolition of structures
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Kenneth Nyaga Mwige v Austin Kiguta & 2 others [2015] 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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