Wanyonyi v Nyongesa & 6 others (Environment and Land Case 2 of 2023) [2025] KEELC 5328 (KLR) (16 July 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5328
- Citation
- [2025] KEELC 5328 (KLR)
- Decided
- 16 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTrespass and Illegal Structures CasePosturePlaintiff seeks permanent injunction and eviction order against defendants for trespass and illegal structures.CoramCK NZILI
Holding
Plaintiff's claim for trespass and illegal structures is upheld, and an eviction order is issued against the defendants.
Facts
Henry Mwasame Wanyonyi, the plaintiff, purchased the suit land at a public auction following a default of loan payments by the initial allottees. He claims the defendants trespassed on the land.
Issues
- Proving trespass and illegal structures
- Ownership of the suit land
Reasoning
The court held that the plaintiff has proved his case to the required standards, and trespass is actionable per se.
Outcome
Plaintiff's prayers (a) and (b) are allowed.
Orders
- An eviction order shall issue against the defendants to be enforced by a Court Bailiff in compliance with the law.
Remedies
- Costs and expenses of the eviction are to be borne by the defendants.
Authorities cited
Legislation (2)
- Trespass Act
- Land Registration Act
Cases cited (1)
- M'Ikiara M'Mukanya & another -vs- Gilbert Kabere M'Mbijiwe [1983] KECA 121 (KLR)
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.
Loading judgment…