Mathiu Elijah Solo v Joseph Muriira Thaimuta [2005] KEHC 2101 (KLR)
- Court
- High Court of Kenya
- Case number
- 2101
- Citation
- [2005] KEHC 2101 (KLR)
- Decided
- 28 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Senior Resident MagistrateCoramRUTH N. SITATI
Holding
The appeal is dismissed, and the plaintiff is granted the reliefs sought.
Facts
The plaintiff alleged that the defendant trespassed into his plot by constructing a permanent building 3 feet inside the plaintiff's plot, causing loss and damage. The defendant denied ownership of the plot and denied all particulars of trespass.
Issues
- Ownership of plot No. 5065 Kianjai Market
- Trespassing and construction without authority
- Reliefs sought by the plaintiff
Reasoning
The court found that the plaintiff had sufficient evidence to support his case, and the defendant's actions led to the trespass.
Outcome
Appeal dismissed
Orders
- Permanent injunction restraining the defendant and his agents and servants from trespassing into plot No. 5065 Kianjai Market
- Eviction Order from Plot No. 5065 Kianjai Market
- Mesne profits and general damages for trespass
- Costs and interest
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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