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Githiu Mwangi v Mwangi Muiruri [2021] KEELC 3946 (KLR)

[2021] KEELC 3946 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3946
Citation
[2021] KEELC 3946 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePlaintiff's claim for boundary alignment and reimbursement against defendant who was not defended.CoramHON. LUCY N. MBUGUA, HON. LUCY GACHERU
Holding

Judgment is entered for the plaintiff against the defendant as set out in the plaint.

Facts

The plaintiff owns parcel Kiganjo/Gatei/1745 and the defendant owns Kiganjo/Gatei/1746. The plaintiff claims the defendant has interfered with the boundary between the two parcels and has frustrated the plaintiff's efforts to resolve the dispute.

Issues

  1. Boundary alignment between parcels Kiganjo/Gatei/1745 and Kiganjo/Gatei/1746
  2. Reimbursement of costs

Reasoning

The plaintiff's evidence is in tandem with his pleadings and demonstrates that he has taken great efforts to resolve the dispute. The court finds the plaintiff's claim merited.

Outcome

Plaintiff wins.

Orders

  • District surveyor to align the boundary for the aforementioned two parcels
  • Parties to be bound by the findings of the district surveyor

Remedies

  • Reimbursement of costs
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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