TURF DEVELOPMENTS LIMITED vs THE BOARD OF GOVERNORS CHANGAMWE SECONDARY SCHOOL & ANOTHER [2002] KEHC 538 (KLR)
- Court
- High Court of Kenya
- Case number
- 538
- Citation
- [2002] KEHC 538 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePlaintiff applied for judgment against the Defendants for various declarations, injunctions, and damages.CoramJ.W. ONYANGO OTIENO
Holding
The court declared the walling off of the Plaintiff's land illegal and that the First Defendant has no right to enter, occupy, or remain on the Plaintiff's land.
Facts
The Plaintiff, Turf Development Limited, claimed that a wall built by the First Defendant, The Board of Governors Changamwe Secondary School, illegally annexed the Plaintiff's land, preventing access and development.
Issues
- Ownership of the land
- Right to enter and occupy the land
- Validity of the wall
- Damages for trespass
Reasoning
The court found that the Plaintiff had title documents to the land and that the wall annexed the Plaintiff's property without permission.
Outcome
Plaintiff's application granted, including declarations, injunctions, and damages.
Orders
- Injunction restraining the First Defendant and its pupils, students, servants, agents, employees from entering the Plaintiff's land and to remain thereon or to trespass thereon.
- Order of mandatory injunction directing the First Defendant to demolish the wall.
- Vacant possession of the plot to be taken by the Plaintiff.
- Nominal damages of KSh.1,000/- awarded to the Plaintiff.
Remedies
- Injunctions
- Demolition of the wall
- Vacant possession
- Nominal damages
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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