Muthoka v Kilunda & 8 others (Environment and Land Appeal E012 of 2023) [2025] KEELC 18688 (KLR) (29 May 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18688
- Citation
- [2025] KEELC 18688 (KLR)
- Decided
- 29 May 2025
Summary at a glance
TypeLand Dispute AppealPostureAppeal from a judgment of the lower courtCoramA. KANIARU, JUDGE- ENVIRONMENT & LAND COURT, KITUI
The court dismisses the appeal with costs to the respondents
Facts
The appellant, Adam Muthoka, claimed that the respondents, Pius Kilunda and others, trespassed onto his land, parcel No. Mutomo/Kawelu/1066, and cut down trees, harvested rocks, and created an access road. The respondents were said to have cut down trees, harvested rocks, and created an access road from the main road to a place known locally as Ndui Rock, which is officially recorded as land parcel No. 1068.
Issues
- Ownership of land parcel No. 1066
- Trespassing and encroachment on land parcel No. 1066
- Damages incurred by the appellant
Reasoning
The court finds that the appellant has not demonstrated the merits of his appeal and that the respondents' actions were not trespassing or encroaching on the appellant's land.
Outcome
Appeal dismissed
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