Terrazzo Enterprises Limited v Sanja Omuzee t/a Sanja Farm Machinery Tractors (Environment & Land Case E073 of 2021) [2024] KEELC 1447 (KLR) (18 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1447
- Citation
- [2024] KEELC 1447 (KLR)
- Decided
- 18 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court judgmentCoramCA OCHIENG
Holding
The court declared that the Defendant is illegally and unlawfully occupying the Plainti's land and ordered the Defendant to demolish the structure illegally erected on the Plainti's land.
Facts
Terrazzo Enterprises Limited filed a suit against Sanja Omuzee t/a Sanja Farm Machinery Tractors alleging illegal occupation and trespassing on their land located at Plot LR No. 337/850 in Mavoko, Machakos County.
Issues
- Ownership of the suit land
- Defendant's trespassing on the suit land
- Plaintiff's entitlement to orders
Reasoning
The court found that the Plainti is the registered owner of the suit land and that the Defendant's occupation is illegal and unlawful.
Outcome
In favor of the Plainti
Orders
- Declaration that the Defendant is illegally and unlawfully occupying the Plainti's land
- Order to compel the Defendant to demolish the structure illegally erected on the Plainti's land
- Order for mesne profits from the time of the illegal occupation
Remedies
- Declaration
- Order to demolish
- Order for mesne profits
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (2)
- Section 26 of the Land Registration Act
- Section 24(a) of the Land Registration Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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