Onyango v Makanyanga & another (Environment & Land Case 178 of 2016 & E006 of 2021 (Consolidated)) [2025] KEELC 2923 (KLR) (27 March 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2923
- Citation
- [2025] KEELC 2923 (KLR)
- Decided
- 27 March 2025
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramDO OHUNGO
Boniface Onyango is the registered proprietor of the land parcel Kakamega/Chekalini/29. Wanjala Makanyanga and Joseph Simiyu are ordered to vacate the land within 120 days and are restrained from trespassing on the land.
Facts
Boniface Onyango claimed to be the registered proprietor of land parcel Kakamega/Chekalini/29, which Wanjala Makanyanga and Joseph Simiyu were alleged to have trespassed into. Wanjala claimed adverse possession, while Joseph claimed he had purchased the land from Edward Barasa and was in adverse possession.
Issues
- Ownership of the land parcel Kakamega/Chekalini/29
- Mesne profits
Reasoning
The court found that Boniface's title was unimpeached and he was entitled to the benefits of proprietorship, including eviction and permanent injunction. However, the claim for mesne profits was dismissed due to lack of proof.
Outcome
Boniface Onyango is the registered proprietor of the land parcel.
Orders
- Wanjala Makanyanga and Joseph Simiyu to vacate the land within 120 days
- Permanent injunction against trespassing on the land
Remedies
- Eviction of Wanjala Makanyanga and Joseph Simiyu
- Permanent injunction against trespassing
Authorities cited
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