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Nteere v Marangu (Environment & Land Case E003 of 2022) [2022] KEELC 12609 (KLR) (28 September 2022) (Ruling)

[2022] KEELC 12609 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
12609
Citation
[2022] KEELC 12609 (KLR)
Decided
28 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Inhibition Order and Temporary InjunctionCoramCK NZILI
Holding

The court granted the plaintiff's application for an inhibition order and temporary injunction.

Facts

Janet Kathure Nteere claims to have been in exclusive, open, and uninterrupted occupation of the suit land since 2009, registered under the defendant's name. The defendant, Daniel Gikunda Marangu, claims the land previously belonged to his father and he has subdivided and developed the land since 2013.

Issues

  1. Whether Janet Kathure Nteere has a valid claim to the suit land
  2. Whether the defendant's actions constitute trespass or interference with the plaintiff's possession

Reasoning

The court found that the plaintiff has a valid claim to the suit land and that the defendant's actions constitute trespass and interference with the plaintiff's possession.

Outcome

Granted the plaintiff's application for an inhibition order and temporary injunction.

Orders

  • Inhibition order stopping any dealings over LR No Kibirichia/Kibirichia/6775
  • Temporary injunction restraining the defendant or his agents, servants or employees from entering, taking possession or interfering with the plaintiff's quiet possession, occupation and use of the suit land

Remedies

  • Prevention of further trespass and interference with the plaintiff's possession
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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