DAVID KITETU KIMULI v CITY COUNCIL OF MAKUENI & another [2008] KEHC 1439 (KLR)
- Court
- High Court of Kenya
- Case number
- 1439
- Citation
- [2008] KEHC 1439 (KLR)
- Decided
- 28 July 2008
The court held that the encroached parcel of land belongs to the plaintiff and should be returned to him.
Facts
The plaintiff, David Kitetu Kimuli, claimed encroachment of land by the City Council of Makueni and another. The dispute arose over the boundary between the plaintiff's land and the land owned by the Local Authority. The plaintiff's land was adjacent to the land owned by the Local Authority, which was divided by a road reserve.
Issues
- Whether the encroached parcel of land belongs to the plaintiff and should be returned
- Whether the Local Authority allowed its licensees to encroach onto the plaintiff's land
Reasoning
The court found that the Local Authority allowed its licensees to encroach onto the plaintiff's land, which was adjacent to the land owned by the Local Authority. The court also noted that the plaintiff's land was adjacent to the land owned by the Local Authority, which was divided by a road reserve.
Outcome
The court ordered the encroached parcel of land to be returned to the plaintiff.
Orders
- The encroached parcel of land to be returned to the plaintiff
Authorities cited
Legislation (1)
- Land Adjudication Act
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