RUTH NYABOKE ONDIEKI v LABAN OCHAKO NYAKABA [2009] KEHC 3122 (KLR)

Facts

The plaintiff, Ruth Nyaboke Ondieki, is the registered proprietor of a parcel of land known as L.R.NO. BASSI/BONDONYA/3011. The defendant, Laban Ochako Nyakaba, trespassed onto the land and cut down 92 coffee trees in February 2008. The plaintiff filed a civil suit and a criminal complaint against the defendant, which were both struck out. The defendant claimed the land was fraudulently registered in his name and that he had a right to the land due to his mother's planting of coffee trees.

Issues

1. Whether the plaintiff is the registered proprietor of the suit land
2. Whether the defendant's trespassing onto the land was justified

Reasoning

The plaintiff is the registered proprietor of the suit land, and the defendant lacks capacity to question the plaintiff's title. The defendant's trespassing onto the land is not justified.

Outcome

Interlocutory injunction granted

Authorities cited