Ruaraka Sabuni Development Company Ltd v Nyote (Environment & Land Case 11 of 2021) [2023] KEELC 22061 (KLR) (6 December 2023) (Judgment)

Summary at a glance

Facts

The plaintiff, Ruaraka Sabuni Development Company Ltd, claims to own a parcel of land subdivided into plots, while the defendant, Michael Nganju Nyote, claims to have purchased the land fraudulently from a third party. The plaintiff seeks an injunction, declaration, eviction, and damages.

Issues

• Whether the plaintiff is the registered owner of the suit property
• Whether the defendant trespassed on the suit property
• Whether the plaintiff is entitled to the orders sought

Reasoning

The court upholds the plaintiff's claim to the property and orders the defendant to vacate the property and remove any structures.

Outcome

Appeal dismissed

Orders

• A permanent order of injunction to restrain the defendant from demolishing, trespassing, encroaching, alienating, disposing, constructing, or interfering with the plaintiff's property
• A declaration that the properties belong to the plaintiff
• An order directing the defendant to remove any building materials on the subject property
• Eviction of the defendant from the subject properties at his cost
• Damages for loss of use of the suit properties
• Costs of this suit

Authorities cited