Olang v Nuaga alias Lucas Njagi Njeru & 13 others (Environment and Land Case 52 of 2019) [2025] KEELC 6989 (KLR) (15 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6989
- Citation
- [2025] KEELC 6989 (KLR)
- Decided
- 15 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramS. M. KIBUNJA
Holding
The court finds the plaintiff has proved her claim against the defendants and orders them to vacate the suit property within 90 days, pay general damages of Kshs.100,000, and bear the costs of the suit.
Facts
The plaintiff Margaret Akoth Olang is the registered owner of a parcel of land in Mombasa, measuring 0.317 ha. The defendants, including Lucas Nuaga alias Lucas Njagi Njeru and 13 others, trespassed onto the suit property and prevented the plaintiff from using and enjoying the land.
Issues
- plaintiff's claim for trespass and eviction
- plaintiff's claim for general damages
- plaintiff's claim for costs following the event
Reasoning
The court held that the plaintiff's claim is not undefended and that she has proved her title and the trespass. The court awarded general damages and ordered eviction.
Outcome
Judgment in favor of the plaintiff
Orders
- Defendants to vacate the suit property within 90 days
- Defendants to pay general damages of Kshs.100,000
- Defendants to bear the costs of the suit
Remedies
- Eviction of defendants
- General damages for trespass
- Costs follow the event
Authorities cited
Legislation (2)
- Registered Land Act Chapter 300 of Laws of Kenya
- Civil Procedure Act Chapter 21 of Laws of Kenya
Cases cited (2)
- Karugi & Another versus Kabiya & 3 Others [1983] KECA 38 (KLR)
- Duncan Nderitu Ndegwa versus Kenya Pipeline Company Limited and Another (2013) 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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