Sitieney v Mutai; Rotich & 3 others (Third party) (Environment & Land Case 64 of 2015) [2024] KEELC 7278 (KLR) (31 October 2024) (Judgment)

Summary at a glance

Facts

Alexander Kipngetich Sitieney claimed that he was the legally registered proprietor of LR No. 631/2354 Kericho Municipality. He alleged that Japheth Kiplangat Mutai trespassed onto his land and erected a temporary structure. Sitieney sought eviction and cancellation of Mutai's title.

Issues

• Whether Sitieney is the legally registered proprietor of LR No. 631/2354 Kericho Municipality.
• Whether Mutai trespassed into Sitieney's land.
• Whether Mutai has any legally justifiable claim over LR No. 631/2354.
• Whether Sitieney is entitled to the orders sought.
• Who should pay the costs and interest of the suit.

Reasoning

The court found that Sitieney was the legally registered proprietor of the land and that Mutai trespassed onto it. The court also ruled that Mutai had no legally justifiable claim over the land.

Outcome

Appeal upheld

Orders

• Delivery of vacant possession of land occupied by Mutai to Sitieney within 90 days.
• Order of eviction against Mutai if he fails to comply.
• Cancellation of title for Kericho Municipality Block 1/356.
• Award of Kshs. 500,000 as general damages to Sitieney.
• Award of costs of the suit to Sitieney from the date of judgment until payment in full.

Remedies

• Eviction of Mutai from the land.
• Cancellation of Mutai's title.
• General damages awarded to Sitieney.