Tsibulevskaya v Mwai (Environment & Land Case E098 of 2021 & Originating Summons 5 of 2022 (Consolidated)) [2024] KEELC 7049 (KLR) (24 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7049
- Citation
- [2024] KEELC 7049 (KLR)
- Decided
- 24 October 2024
Summary at a glance
TypeLand DisputePostureAppeal from a judgment of the Environment and Land CourtCoramJG KEMEI
The court finds that Tsibulevskaya has proven trespass and orders Mwai to vacate and demolish the wall, and pays nominal damages of Kshs 100,000.
Facts
Galina Tsibulevskaya claimed that Coolin Muturi Mwai had trespassed onto her land without any legal right, constructed a high perimeter wall, and refused to vacate despite demands. Mwai moved for a declaration of adverse possession and other relief.
Issues
- Whether Tsibulevskaya and Tsibulevskaya are the same person
- Whether Mwai proved a claim in adverse possession
- Whether trespass was proven
Reasoning
The court found that Mwai had been in trespass since 2019 and continued despite demands, thus finding trespass actionable.
Outcome
Mwai's claim of adverse possession is dismissed, and he is ordered to vacate the land and demolish the wall.
Orders
- A mandatory injunction compelling Mwai to vacate and demolish the wall within 60 days.
- A permanent injunction restraining Mwai from interfering with the land.
- Nominal damages of Kshs 100,000 awarded to Tsibulevskaya.
- Costs follow the event.
Remedies
- Vacation and demolition of the wall
- Nominal damages
⚠ 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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