Githunguri & 2 others v Boro (Environment & Land Case 255 of 2011) [2022] KEELC 31 (KLR) (28 April 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 31
- Citation
- [2022] KEELC 31 (KLR)
- Decided
- 28 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPostureAppeal from the original trialCoramMadan, OA ANGOTE
Holding
The Defendant is ordered to vacate the property and give possession to the Plaintiffs.
Facts
The Plaintiffs claim to own a 1/4 share in property known as L.R No 398/10-Naivasha, which they jointly own with Georey Mbugua, Njoroge Mugo, and John Mungai. The Plaintiffs allege that the Defendant, Evans Kageche Boro, illegally occupied the property under a lease agreement that expired in 1984.
Issues
- Eviction of the Defendant from the property
- Calculation of mesne profits for the Defendant's illegal occupation
Reasoning
The Court found that the Defendant did not provide evidence to support his claim of being a bona fide purchaser, and thus the Plaintiffs' allegations were accepted as true.
Outcome
Appeal dismissed
Orders
- Eviction of the Defendant from the property
- Grant of vacant possession to the Plaintiffs
Remedies
- Eviction of the Defendant
- Vacant possession of the property
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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