Tajeuo (Suing on Behalf and or a Representative of Joseph Tajeuo Murenka (Deceased)) v Sapunyu & 2 others (Environment and Land Appeal E003 of 2024) [2024] KEELC 7155 (KLR) (26 September 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7155
- Citation
- [2024] KEELC 7155 (KLR)
- Decided
- 26 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from a judgment and decree of the Kilgoris Senior Principal Magistrate's CourtCoramEM WASHE
Holding
The Court finds the land LR.No.Transmara/Shartuka/375 belongs to the 1st Respondent and orders eviction of the Appellant
Facts
The Appellant claims the land LR.No.Transmara/Shartuka/375 belongs to her, while the 1st Respondent disputes this and claims the land belongs to him. The Appellant has been living on the land since the group ranch was created.
Issues
- Ownership of land LR.No.Transmara/Shartuka/375
- Appellant's occupation of the land
Reasoning
The Court's decision is based on the evidence that the land was allocated to the 1st Respondent and the Appellant's occupation without consent is unlawful.
Outcome
Appeal dismissed, judgment and decree set aside, eviction order issued
Orders
- Declare the plaint time-barred
- Declare the 1st respondent the lawful registered owner
- Grant the 1st respondent 60 days to vacate the land
- Issue a permanent injunction against the Appellant
- Order the Appellant to bear the costs of the trial and appeal
Remedies
- Eviction of the Appellant from the land
- Permanent injunction against the Appellant
Authorities cited
Legislation (1)
- Land Registration Act, No. 3 of 2012
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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