Okemwa v Kenya Agricultural and Livestock Research Organisation & another (Environment & Land Case 204 of 2014) [2024] KEELC 5791 (KLR) (29 July 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5791
- Citation
- [2024] KEELC 5791 (KLR)
- Decided
- 29 July 2024
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramM SILA, J
The defendant's counterclaim is dismissed with costs. The caution registered in the defendant's name is removed, and the plaintiff is permanently restrained from interference with her ownership of the suit land.
Facts
The plaintiff, Merencia Okemwa, claims to be the registered proprietor of a land parcel in Kisii Municipality/Block IV/2. She alleges that the defendant, Kenya Agricultural and Livestock Research Organisation (KARI), registered a caution on the land in her name, claiming a license interest. The plaintiff seeks a temporary and permanent injunction, removal of the caution, and compensation for damages.
Issues
- Ownership of the land
- Validity of the caution registration
Reasoning
The court found that the defendant failed to prove that the title of the plaintiff was irregularly acquired and that the defendant has no interest in the plaintiff's title. The court also dismissed the plaintiff's claim for general damages as no specific losses were shown.
Outcome
Appeal dismissed
Orders
- Removal of the caution registered in the defendant's name
- Permanent injunction restraining the defendant from interfering with the plaintiff's ownership of the suit land
Remedies
- Removal of the caution
- Permanent injunction
Authorities cited
⚠ 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.
Loading judgment…