Sankei v Gwako & 26 others (Environment and Land Case 78 of 2017) [2025] KEELC 5317 (KLR) (7 April 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5317
- Citation
- [2025] KEELC 5317 (KLR)
- Decided
- 7 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPostureAppeal from the original trialCoramMN KULLOW
Holding
The plaintiff is entitled to an eviction order and a permanent injunction. The defendants are entitled to a refund of the purchase price paid.
Facts
The plaintiff, Joram Ole Sankei, claims that the defendants, Esther Moraa Gwako and 26 others, are illegally occupying 200 acres of his land, Narok /CIS –Mara/lemek/138. The defendants claim adverse possession of 400 acres based on a 1987 sale agreement.
Issues
- The fate of the sale agreement dated 18th September 1987 between the plaintiff and the defendants.
- Whether the plaintiff is entitled to a refund of the purchase price paid.
- Whether the plaintiff is entitled to 400 acres hived out of the suit parcel by adverse possession.
Reasoning
The court found the sale agreement void due to non-consensual entry and the plaintiff's consent. The defendants failed to prove adverse possession. The court ordered the plaintiff to refund the purchase price.
Outcome
Appeal upheld
Orders
- An eviction order issued to remove defendants from the occupied portion of the land.
- A permanent injunction restraining defendants from interfering with the plaintiff's land.
- An order directing the plaintiff to refund the purchase price paid by the defendants.
Remedies
- Refund of the purchase price paid by the defendants.
- Eviction of defendants from the occupied portion of the land.
Authorities cited
Legislation (2)
- Land Control Act
- Limitation of Actions Act
Cases cited (1)
- Mate Gitabi v Jane Kabubu Muga Alias Jane Kaburu Muga & 3 Others [2017] eKLR
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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