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Josiah Achochi Obwori v Cyrus Rosasi & another [2016] KEHC 4930 (KLR)

[2016] KEHC 4930 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4930
Citation
[2016] KEHC 4930 (KLR)
Decided
29 April 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEviction SuitPosturePlaintiff seeks eviction of defendants from landCoramJ. M. MUTUNGI
Holding

The plaintiff is the registered owner of the land and the defendants must vacate the land within 30 days or an eviction order will be issued.

Facts

The plaintiff is the registered owner of land parcel North Mugirango/Bokeira I/3096. The defendants occupied the land without permission. The plaintiff and defendants had a dispute over the land in 2008, leading to a Land Disputes Appeals Committee decision in favor of the plaintiff.

Issues

  1. Ownership of land parcel North Mugirango/Bokeira I/3096
  2. Defendants' occupation of the land

Reasoning

The court found the plaintiff's case proved on a balance of probability, and the defendants have no interest in the land as their interest is in another portion.

Outcome

Plaintiff wins

Orders

  • Defendants to vacate land within 30 days
  • Permanent injunction against defendants from interfering with the land

Remedies

  • Eviction order if defendants fail to vacate
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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