BROMINE INVESTMENTS LTD v KALUME KARISA MBITHA & Another [2012] KEHC 69 (KLR)
- Court
- High Court of Kenya
- Case number
- 69
- Citation
- [2012] KEHC 69 (KLR)
- Decided
- 11 December 2012
The plaintiff's suit succeeds with costs, and the defendants' counter-claim is dismissed with costs. The defendants have no right to remain on the suit premises or use the same. They should consider pulling down the structures they erected there and remove the debris themselves or the plaintiff does so at their expense after the next forty-five (45) days.
Facts
The plaintiff, Bromine Investments Ltd., claimed ownership and possession of a plot of land known as KILIFI/MTONDIA/61, measuring 14 acres. The defendants, Kalume Karisa Mbitha and Nancy Khanjila Kalume, claimed they had purchased the land from Charo Randu Nzai and were the lawful owners. The plaintiff alleged the defendants trespassed and engaged in illegal activities on the land.
Issues
- Ownership of the land
- Defendants' claim of lawful purchase
Reasoning
The court found that the plaintiff had valid title to the land and that the defendants had no legal claim to it. The plaintiff's claim was supported by evidence of the land's history and the defendants' lack of proper documentation.
Outcome
Appeal upheld, original trial outcome affirmed
Orders
- Defendants to vacate the land and remove structures within 45 days
- Defendants to bear the costs of removal
Remedies
- Removal of structures and debris by defendants or plaintiff at defendants' expense
Loading judgment…