Shah (Suing as the Legal Representatives of the Estate of Vinodrai Hirji Shah) v Co-operative Society Limited & another (Environment & Land Case 605 of 2016) [2022] KEELC 2192 (KLR) (5 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2192
- Citation
- [2022] KEELC 2192 (KLR)
- Decided
- 5 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTrespassPostureAppeal from the High Court, NairobiCoramOA ANGOTE
Holding
The Court finds that the Plaintiffs have demonstrated that the Defendants have illegally and unlawfully encroached on the Plaintiffs' property.
Facts
The deceased was the registered owner of the property at L.R No 209/1431/1 Kolobot Road, Ngara in Nairobi. The Plaintiffs claim that the Defendants constructed a permanent structure that encroaches on their property without rebuilding the rear boundary wall as promised.
Issues
- Whether the Defendants have illegally and unlawfully encroached on the Plaintiffs' property
- Whether the Plaintiffs have proven their case of trespass
Reasoning
The Plaintiffs have proven their case of trespass as the Defendants have constructed a permanent structure on the Plaintiffs' property without rebuilding the rear boundary wall as promised.
Outcome
The Court orders the Defendants to demolish the portion of their construction that encroaches onto the Plaintiffs' property.
Orders
- Ordering the Defendants to demolish the portion of their construction that encroaches onto the Plaintiffs' property
Authorities cited
Legislation (2)
- Land Registration Act
- Trespass Act
Cases cited (1)
- Charterhouse Bank Limited (Under Statutory Management) vs Frank N. Kamau [2016] eKLR
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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