MATHEW CHERUIYOT& Another v ANNAH BWOKENY & 3 Others [2011] KEHC 3413 (KLR)
- Court
- High Court of Kenya
- Case number
- 3413
- Citation
- [2011] KEHC 3413 (KLR)
- Decided
- 16 March 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgment dismissing the Plaintiffs' suit seeking declarations regarding land possession.CoramG B M KARIUKI, SC
Holding
The Defendants are entitled to orders for vacant possession of the land.
Facts
The Plaintiffs, Messrs Mathew Cheruiyot and Juliana Cheruiyot, filed an Originating Summons in 2001 seeking declarations regarding land title No. Kericho/Kaptatet/1439. The suit was dismissed in 2009, but the Plaintiffs remain in possession of the land. The Plaintiffs did not appeal the judgment.
Issues
- Whether the Plaintiffs are in possession and occupation of the land adversely to the registered proprietor.
- Whether the Plaintiffs should give vacant possession of the land to the Defendants.
Reasoning
The Plaintiffs did not oppose the application, and the court found the Defendants entitled to the orders they sought.
Outcome
The application was granted, and the Plaintiffs were ordered to show cause why they should not give vacant possession of the land to the Defendants.
Orders
- Ordering the Plaintiffs to show cause why they should not give vacant possession of the land to the Defendants.
- Ordering the Plaintiffs to appear in court on 11/4/2011 to show cause.
- Ordering the Plaintiffs to bear the costs of the application.
Remedies
- Vacant possession of the land by the Defendants.
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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