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Anna Indonde Imboba v Vincent Shingwana Injede [2015] KEHC 5760 (KLR)

[2015] KEHC 5760 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5760
Citation
[2015] KEHC 5760 (KLR)
Decided
17 March 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEviction OrderPostureOriginal TrialCoramE. C. MWITA
Holding

The court finds in favor of the Plaintiff and orders the Defendant to vacate the land within six months and demolish all structures.

Facts

Anna Indonde Imboba purchased the land in 1986 from Stephen Mukala, her uncle. Vincent Shingwana Injede trespassed onto the land in 2005 and built a house on it.

Issues

  1. Ownership of the land
  2. Eviction of the Defendant

Reasoning

The court accepts the Plaintiff's title deed as prima facie evidence of ownership, and the Defendant's allegations of adverse possession and fraud are not supported by evidence.

Outcome

Plaintiff wins

Orders

  • Order of eviction
  • Permanent injunction
  • Costs to the Plaintiff

Remedies

  • Eviction of the Defendant
  • Demolition of structures
  • Injunction against interference

Authorities cited

Legislation (1)
  • Land Registration Act
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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