ROBERT OUKO V REBECCA MORAA KENGA [2010] KEHC 962 (KLR)
- Court
- High Court of Kenya
- Case number
- 962
- Citation
- [2010] KEHC 962 (KLR)
- Decided
- 30 June 2010
The court grants the plaintiff an injunction to prevent the defendant from interfering with the plaintiff's possession and enjoyment of the land. The court also grants the plaintiff costs and interest from the date of filing till payment in full.
Facts
The plaintiff, Robert Otieno, is the administrator of the estate of the late Alfayo Otieno. The defendant, Rebecca Moraa Kenga, had been trespassing on one acre of the plaintiff's land, Parcel No. Settlement Scheme/Ekerubo/33, since 2006.
Issues
- Whether the plaintiff is entitled to an injunction to prevent the defendant from interfering with the plaintiff's possession and enjoyment of the land.
- Whether the plaintiff is entitled to general damages for trespass and lost income.
- Whether the plaintiff is entitled to costs and interest from the date of filing till payment in full.
Reasoning
The court found that the plaintiff is the administrator of the estate of the late Alfayo Otieno and that the defendant had been trespassing on the plaintiff's land since 2006. The court granted the injunction and costs and interest as the plaintiff had proved his case on a balance of probabilities.
Outcome
The plaintiff's appeal is upheld.
Orders
- An injunction permanently restraining the defendant, her agents, employees and/or servants, or whosoever from trespassing, cultivating, working on or in any way interfering with the Plaintiff’s peaceful possession and enjoyment of land parcel No. Settlement Scheme/Ekerubo/33 or any portion therof.
- General damages for trespass and lost income.
- Costs and interests from the date of filing till payment in full.
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