Robert Mwadime Ngolo & another v Henry Kalume Katana & 8 others [2022] KEELC 1264 (KLR)
- Court
- Environment & Land Court
- Case number
- 1264
- Citation
- [2022] KEELC 1264 (KLR)
- Decided
- 23 February 2022
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramN.A. MATHEKA
The Defendants unlawfully entered and constructed on the Plaintiffs' land, and are ordered to vacate the property within 60 days and to refrain from further dealings with the property.
Facts
The Plaintiffs claim to be the registered proprietors of a land parcel in Mombasa. The Defendants unlawfully entered the property, demolished a boundary wall, and commenced construction without the Plaintiffs' consent.
Issues
- Ownership of the land
- Trespass by the Defendants
Reasoning
The court found that the Defendants' actions were unauthorized and constituted trespass.
Outcome
Defendants ordered to vacate the property and refrain from further dealings.
Orders
- Declaration of unlawful entry and construction
- Eviction order within 60 days
- Permanent injunction against further dealings
Remedies
- Vacation of the property
- Injunction against further dealings
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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