Nyamu v Wangai (Environment & Land Case E41 of 2021) [2022] KEELC 55 (KLR) (28 April 2022) (Ruling)

Facts

The applicant Patrick Kangeri Nyamu claims his land became landlocked due to a court judgment in 2008, which ordered the respondent Nancy Wanjiru Wangai to demolish structures on her property. The respondent now owns the larger parcel of land registered as Nairobi/block 97/2347, and the applicant contends there was always an access road through her property. The respondent argues the applicant illegally occupies adjacent land and that the access road was blocked due to the respondent's actions.

Issues

1. Whether the applicant's land became landlocked due to the respondent's 2008 judgment.
2. Whether the applicant has a right to a temporary road access order through the respondent's property.

Reasoning

The court found that the applicant's claim to a temporary road access order is not supported by evidence and that the issue is not about reopening a blocked road but creating an easement on the respondent's land.

Outcome

Application dismissed

Authorities cited