Francis Thuku Gakomo & another v Joseph Gitau Njoki & 3 others [2021] KEELC 325 (KLR)
- Court
- Environment & Land Court
- Case number
- 325
- Citation
- [2021] KEELC 325 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgment declaring the plaintiffs as legal owners of the landCoramL. KOMINGOI
Holding
The application is allowed in its entirety, and the court orders the defendant to pay Kshs.100,000 as loss and mesne profits and rental income, and to remove structures built on the plaintiffs' land.
Facts
The plaintiffs, Francis Thuku Gakumo and Stephenson Karugi Kago, are claiming against Joseph Gitau Njoki and his co-defendants for trespassing and illegal occupation of their land, parcel of land known as Kiambaa/Ruaka/611 and Kiambaa/Ruaka/1075.
Issues
- Issuing a permanent injunctive order to restrain the defendant from entering the plaintiffs' land
- Issuing eviction orders against the defendant
- Ordering the removal of structures built by the defendant on the plaintiffs' land
- Ordering the defendant to pay a sum of Kshs.100,000 as loss and mesne profits and rental income
- Ordering the defendant to pay the costs of the suit and application
Reasoning
The court finds merit in the application and upholds the previous judgment declaring the plaintiffs as legal owners of the land, with no evidence of the defendant's claims being controverted.
Outcome
The application is granted.
Orders
- Permanent injunctive order
- Eviction orders
- Removal of structures
- Payment of Kshs.100,000 as loss and mesne profits and rental income
- Payment of costs of the suit and application
Remedies
- Removal of structures
- Payment of Kshs.100,000 as loss and mesne profits and rental income
- Payment of costs of the suit and application
Authorities cited
Legislation (3)
- Land Act, 2012
- Civil Procedure Act
- Civil Procedure Rules
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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