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Wakhusama v Obwayi & 2 others (Environment and Land Appeal 011 of 2023) [2025] KEELC 8257 (KLR) (24 November 2025) (Ruling)

[2025] KEELC 8257 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
8257
Citation
[2025] KEELC 8257 (KLR)
Decided
24 November 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand EvictionPostureAppeal from a judgment ordering evictionCoramNYUKURI
Holding

The court orders the 1st respondent to vacate the suit property and the OCS Butere Police Station to provide security and supervise the eviction.

Facts

The appellant, Jacktone Indakwa Wakhusama, sought eviction of the 1st respondent, Eliseba Obwayi, from parcel No. Marama/Lunza/3566. The 1st respondent filed a notice of appeal but had not received the decree.

Issues

  1. Whether the appellant deserves the eviction order sought
  2. Whether the appeal is a nullity

Reasoning

The court upheld the eviction order as the 1st respondent did not vacate the property within the stipulated time and no appeal was preferred against the judgment.

Outcome

The appeal is dismissed, and the eviction order is upheld.

Orders

  • Eviction order issued
  • OCS Butere Police Station to provide security and supervise eviction

Remedies

  • Eviction of the 1st respondent from parcel No. Marama/Lunza/3566
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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