Gitau v Board of Management Uhuru Primary School (Environment & Land Case 582 of 2013) [2023] KEELC 20185 (KLR) (27 September 2023) (Judgment)

Facts

The Plaintiff, Peter Njunga Gitau, claimed ownership of land parcel LR 22026, Grant No IR 77995, adjacent to the Defendant, Uhuru Primary School. The Plaintiff alleged that the Defendant's actions constituted trespass and denied him the right to use the land.

Issues

1. Whether the Defendant trespassed onto LR 22026 grant No I.R 77995.
2. Whether the Plaintiff should be granted the orders sought in the Plaint.
3. Whether the Defendant should be granted orders sought in its Statement of Defence and Counterclaim.
4. Who should bear the costs of this suit.

Reasoning

The Regional Surveyor's report established that the Plaintiff's property was planned within the Defendant's larger parcel of land, LR No 7385/2. The Court found that both parties failed to prove their claims of trespass or encroachment.

Outcome

Dismissal of the suit and counterclaim with no order as to costs.

Authorities cited