Clemencia Nyanchoka Kinaro v Joyce Nyansiaboka Onchomba [2014] KEHC 3227 (KLR)
- Court
- High Court of Kenya
- Case number
- 3227
- Citation
- [2014] KEHC 3227 (KLR)
- Decided
- 29 May 2014
The court finds that the plaintiff Clemencia Nyanchoka Kinaro is the registered proprietor of the suit property and that the defendant Joyce Nyansiaboka Onchomba is a trespasser. The defendant is ordered to vacate the portion of the suit property in her occupation within 30 days, and the counter-claim is dismissed.
Facts
The plaintiff Clemencia Nyanchoka Kinaro claimed a mandatory injunction against the defendant Joyce Nyansiaboka Onchomba to vacate and demolish structures on the suit property, which she claimed was her registered land. The defendant contended that the property was part of a parcel registered in the name of Kinaro Tongi, deceased, and that she had a right to cultivate a portion of the land.
Issues
- Ownership of the suit property
- Trespass and eviction
Reasoning
The plaintiff proved she is the registered proprietor of the suit property, and the defendant did not provide evidence to justify her occupation. The court found the defendant to be a trespasser.
Outcome
Appeal upheld, original trial outcome affirmed
Orders
- Defendant Joyce Nyansiaboka Onchomba to vacate the portion of the suit property in her occupation within 30 days
- Defendant's counter-claim dismissed
Remedies
- Eviction of the defendant from the portion of the suit property
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