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Take Over Investments Company Ltd v Otieno & 18 others (Environment & Land Case 678 of 2016) [2024] KEELC 1026 (KLR) (29 February 2024) (Judgment)

[2024] KEELC 1026 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1026
Citation
[2024] KEELC 1026 (KLR)
Decided
29 February 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLand DisputePostureAppeal from an original trialCoramAA OMOLLO
The court held that the Defendants are occupying Nairobi Block 126/462 and not Block 461.

Facts

Take Over Investments Company Ltd claimed ownership of Nairobi Block 126/462, alleging that Oscar Otieno and 18 others were occupying its property. The Defendants claimed they were occupying Nairobi Block 126/461, which they purchased from Milka Wanjiru.

Issues

  • Whether the Defendants are occupying the suit property (Nairobi Block 126/462) or Block 461

Reasoning

The court relied on a survey report dated 2011 indicating that both plots exist and that the Defendants are occupying the suit property.

Outcome

The court dismissed the Plainti’s claim.

Authorities cited

Cases cited (2)
  • Frankline Ngira Osenoh v Elphas Barasa Okhonjo
  • George Kamau Macharia v Dexka Limited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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