Ombeka v Okari & another (Sued as Administrators of the Estate of Samson Okari) (Environment and Land Appeal E012 of 2021) [2026] KEELC 947 (KLR) (11 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 947
- Citation
- [2026] KEELC 947 (KLR)
- Decided
- 11 February 2026
The court dismissed the appeal and ordered the appellant to vacate the disputed portion of the plot and demolish any structures on it, limiting himself to a width of 25 feet.
Facts
The original plaintiff, Samson Okari, claimed that the defendant, Nyakundi Ombeka, had encroached into his plot and constructed an illegal structure. The original plaintiff died before the case could be heard, and his estate was substituted by Hesbon Moriasi Okari and John Mosoti. The appellant, Nyakundi Ombeka, claimed that the original plaintiff had fraudulently obtained Plot No. 7B Nyacheki Market by misrepresenting the plot size and ownership.
Issues
- Ownership of Plot No. 7B Nyacheki Market
- Validity of the original plaintiff's claim
Reasoning
The court found that the original plaintiff owned only one half of the plot, and the appellant cannot extend his claim beyond 25 feet. The court dismissed the appeal as there was no merit in it.
Outcome
Appeal dismissed
Orders
- The appellant is ordered to vacate the disputed portion of the plot and demolish any structures on it within 14 days.
- The respondents are at liberty to pull down the structures on the disputed portion and evict the appellant in default.
Remedies
- Demolition of structures
- Vacation of the disputed portion
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