Moto Moto Multipurpose Cooperative Society Limited (Suing through Josephine K. Mutua – Chairperson, George G. Kimari – Secretary & Johnson Kanyongoro- Treasurer) v Florence A Odhiambo & 6 others [2022] KEELC 635 (KLR)

Facts

The Plaintiff, Moto Moto Multipurpose Cooperative Society Limited, claimed that the Defendants had trespassed on the suit land and erected structures without its consent. The Plaintiff alleged that the Defendants were claiming ownership of the land and had interfered with its quiet possession.

Issues

1. Whether the Defendants have trespassed on the suit land.
2. Whether the Defendants should be evicted from the suit land.
3. Whether the Plaintiff is entitled to damages for trespass.
4. Whether the Plaintiff is entitled to the orders sought in the Plaint.

Reasoning

The Plaintiff produced a Certificate of Title to prove ownership of the suit land, which has not been challenged by the Defendants. The Plaintiff's members noticed structures being erected on the land, and the criminal investigator discovered that the Defendants were claiming ownership of the land and erected permanent structures thereon.

Outcome

Judgment in favor of the Plaintiff

Authorities cited