Nyamdari & another v Okore (Environment and Land Appeal E026 of 2021) [2025] KEELC 3688 (KLR) (6 May 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3688
- Citation
- [2025] KEELC 3688 (KLR)
- Decided
- 6 May 2025
The appeal is dismissed with costs to the respondent as there is no substance in the appeal and the report clearly indicates that the 2nd appellant was on the suit land.
Facts
The respondent claimed to be the registered owner of the land parcel Suna West/Wiga/2460. He alleged that the appellants trespassed into his land, constructed structures, and illegally cultivated it. The appellants claimed to be on a different land parcel (Suna West/Wiga/381). The trial court ordered the appellants to vacate the suit land.
Issues
- Whether the appellants trespassed into the respondent's land
- Whether the appellants were on the suit land as claimed by the respondent
Reasoning
The report of the Land Registrar and Surveyor clearly states that the 2nd appellant was in occupation of the suit land and his homestead is within the suit land. The appellants did not provide any contrary evidence.
Outcome
Appeal dismissed
Orders
- The 2nd appellant to vacate the suit land within 30 days and no later than 30 May 2021
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