United Kenya Limited v Mereu & 5 others (Environment & Land Case 959 of 2017) [2022] KEELC 13261 (KLR) (3 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13261
- Citation
- [2022] KEELC 13261 (KLR)
- Decided
- 3 October 2022
The Plaintiffs are the registered proprietors of the suit land and are entitled to the rights of proprietors under Sections 24 and 25 of the Land Registration Act. The Defendants do not have lawful justification for occupying the land. The Plaintiffs are entitled to prayers (a), (b), and (d) in the plaint amended on 30th April, 2018.
Facts
United Kenya Limited and Magadi Solar Plant Limited filed a suit against John Lamison Ole Mereu, Rukiya Ene Lamison, Ngayami Ole Mereu, Nankoya Ene Ngayami, Leketuk Ole Simpala, and Resiato Ene Lekutuk for trespass, wastage, and destruction of their property. The suit was filed after the defendants illegally occupied the land and refused to vacate it.
Issues
- Are the Plaintiffs the registered proprietors of the suit land?
- Are the Plaintiffs entitled to the rights of proprietors under Sections 24 and 25 of the Land Registration Act?
- Do the Defendants have any lawful justification for occupying the Plaintiffs' land?
- Are the Plaintiffs entitled to the orders sought?
Reasoning
The court found that the Plaintiffs are the registered proprietors of the land and are entitled to the rights of proprietors under the Land Registration Act. The Defendants do not have lawful justification for occupying the land. The Plaintiffs are entitled to the orders sought.
Outcome
Judgment for the Plaintiffs against the Defendants as prayed for in paragraph 22 (a), (b), and (d) of the plaint amended on 30th April, 2018.
Orders
- An order against the Defendants by themselves, their livestock, servants, agents, employees and/or person claiming under them to vacate the Plaintiffs’ property L.R. Kajiado/Loodariak/638, suit land.
- An order that the Defendants and anybody claiming through them to demolish all their temporary residential structures, their livestock pens and all other structures that they have put up on the suit land.
- General damages for trespass, wastage and destruction as per paragraph 22 in the plaint amended on 30th April, 2018.
- Costs of the suit.
Remedies
- Vacation of the Defendants from the suit land.
- Demolition of temporary residential structures, livestock pens, and other structures.
- General damages for trespass, wastage, and destruction.
- Costs of the suit.
Authorities cited
Legislation (1)
- Land Registration Act
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