KRISBIANUS MOGOIGA MUCHUNI V THOMAS CHACHA MATIKO [2012] KEHC 1034 (KLR)
- Court
- High Court of Kenya
- Case number
- 1034
- Citation
- [2012] KEHC 1034 (KLR)
- Decided
- 21 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the Resident Magistrate's CourtCoramR. LAGAT-KORIR
Holding
The court declares that the appellant is the owner of plot number 2 Kugitimo Market and issues a permanent injunction restraining the respondent from interfering with the plot.
Facts
The appellant, Krisbianus Mogoiga Muchuni, claimed ownership of plot no. 2 in Kugitimo market, while the respondent, Thomas Chacha Matiko, claimed he was the allottee since 1985. The appellant alleged the respondent unlawfully entered and started constructing a building on the plot.
Issues
- Ownership of plot no. 2 in Kugitimo market
- Whether the appellant had proved ownership of the plot
Reasoning
The court found that the Municipal Council of Kehancha resolved that the appellant was the legal alotee of the plot, resolving the dispute on ownership.
Outcome
Appeal allowed, judgment set aside, appellant declared owner of plot number 2 Kugitimo Market
Orders
- Declare appellant as owner of plot number 2 Kugitimo Market
- Issue permanent injunction against respondent
Remedies
- Costs of the appeal and the lower court
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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