Jamilla Bisher Bin Saleh v Elphas Imbahala Muhambe [2021] KEELC 3864 (KLR)
- Court
- Environment & Land Court
- Case number
- 3864
- Citation
- [2021] KEELC 3864 (KLR)
- Decided
- 23 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramN.A. MATHEKA
Holding
The court dismisses the plaintiff's case with no orders as to costs, finding that the plaintiff has failed to establish her case on a balance of probabilities.
Facts
Hawa Chemayo Sisiwa, deceased, was the allottee of a plot known as UNS. BCR. Plot No. X-Kakamega Municipality plan No. W16/96/6. The defendant, Elphas Imbahala Muhambe, erected a permanent building on the plot without the plaintiff's consent.
Issues
- Whether the defendant's actions constitute trespass to private property.
- Whether the plaintiff's claim for damages is warranted.
Reasoning
The court found that the defendant did not enter the plaintiff's property, cultivate or till the land, and thus did not commit trespass. The plaintiff's claim for damages was also dismissed.
Outcome
Dismissed with no orders as to costs
Authorities cited
Legislation (3)
- Trespass Act (Cap 294) of the Laws of Kenya
- Charles Ogejo Ochieng vs Geoffrey Okumu (1995) eKLR
- M'Mukanya vs M'Mbijiwe (1984) KLR 761
Cases cited (2)
- Charles Ogejo Ochieng vs Geoffrey Okumu (1995) eKLR
- M'Mukanya vs M'Mbijiwe (1984) KLR 761
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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