British American Tobacco (K) Ltd v Attorney General & 3 Others [2016] KEHC 4248 (KLR)
- Court
- High Court of Kenya
- Case number
- 4248
- Citation
- [2016] KEHC 4248 (KLR)
- Decided
- 15 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConservatory OrderPosturePetition for Conservatory OrderCoramIbrahim, Mumbi Ngugi, Musinga
Holding
The court granted the petitioner a conservatory order to restrain the 2nd respondent from trespassing on the land and interfering with the petitioner's quiet possession.
Facts
The petitioner, British American Tobacco (K) Ltd, claimed to have occupied and used a parcel of land measuring approximately 5.4 hectares since 1987. The 2nd respondent, County Government of Migori, entered the property on 30th March 2014 and started cutting down trees and demolishing buildings.
Issues
- Whether the petitioner has a valid claim to the land
- Whether the 2nd respondent's actions constitute trespassing
Reasoning
The court found that the petitioner had occupied and used the land with the knowledge and permission of the defunct Municipal Council of Kehancha, and had erected buildings on the land.
Outcome
Granted
Orders
- Conservatory Order
Remedies
- Restraint from trespassing and interference
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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