GERALD GICHUKI WANJOHI v ELIZABETH WANJIRU MARINGA & Another [2010] KEHC 1620 (KLR)

Summary at a glance

Facts

The Plaintiff, Gerald Gichuki Wanjohi, claimed to be the registered proprietor of land parcel L.R. LAIKIPIA/DAIGA UMANDE BLOCK 4/770 (NYARIGINU). He alleged that the Defendant, Elizabeth Wanjiru Maringa, had unlawfully trespassed on his land and occupied it. The Plaintiff sought a declaration of ownership, a permanent injunction, and an eviction order.

Issues

• Whether the Plaintiff is the registered proprietor of the land in dispute.
• Whether the Defendant is a trespasser.
• Whether the Plaintiff is entitled to the orders sought.

Reasoning

The Plaintiff presented documentary evidence showing he is the registered proprietor. The Defendant did not offer any evidence to prove she purchased the land. The court concluded the Defendant trespassed and ordered the Plaintiff to be evicted.

Outcome

Judgment in favor of the Plaintiff

Orders

• Declaration that the Plaintiff is the registered proprietor of the land.
• Permanent injunction restraining the Defendant from trespassing or interfering with the Plaintiff's use and occupation of the land.
• Eviction order

Remedies

• Declaration of ownership
• Permanent injunction
• Eviction

Authorities cited