Green Vine Heights Limited & others v Kazungu & 63 others (Environment and Land Case E069 of 2014) [2026] KEELC 656 (KLR) (12 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 656
- Citation
- [2026] KEELC 656 (KLR)
- Decided
- 12 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPostureAppeal from the original trialCoramYM ANGIMA
Holding
The court finds in favor of the plaintiff, Green Vine Heights Limited, and orders the eviction of the defendants from the plots and awards them Kshs. 200,000/= as general damages for trespass.
Facts
The plaintiff, Green Vine Heights Limited, claimed ownership of three plots of land (20953/I/MN, 20959/I/MN, and 20960/I/MN) in Mombasa County. The defendants, Kazungu and 63 others, forcibly entered and occupied the plots without the plaintiff's consent.
Issues
- Ownership of the plots
- Right to peaceful possession and enjoyment
Reasoning
The court determined that the plaintiff is the registered proprietor of the plots and that the defendants entered the land unlawfully. The court awarded general damages for trespass without requiring proof of specific damage.
Outcome
In favor of the plaintiff
Orders
- Eviction of defendants from the plots
- Permanent injunction against re-entry and interference
Remedies
- Eviction
- Permanent injunction
- General damages
Authorities cited
Cases cited (3)
- Kamoye v Tipango & 2 Others (supra)
- Philip Ayaya Aluchio v Crispinus Ngayo (2014) eKLR
- Hostler v Green Park Development Co. (1999)
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…