Samson Obilo Onoka v Justus Okuna Orawo [2016] KEHC 6945 (KLR)
- Court
- High Court of Kenya
- Case number
- 6945
- Citation
- [2016] KEHC 6945 (KLR)
The court finds in favor of the plaintiff, Samson Obilo Onoka, and issues a permanent injunction restraining the defendant, Justus Okuna Orawo, from entering or trespassing upon or interfering with the plaintiff's use and enjoyment of land parcel Kisumu/Marera/890.
Facts
The plaintiff, Samson Obilo Onoka, claims to be the registered proprietor of land parcel Kisumu/Marera/890. The defendant, Justus Okuna Orawo, claims the land was originally registered in the name of Oluoch Oluoch Group and that he has a legal basis to use the land.
Issues
- Whether the plaintiff was registered with the suit land as the absolute owner or trustee.
- Whether the Defendant has legal basis to use the suit land without the plaintiff's consent.
Reasoning
The court rules that the plaintiff is the registered proprietor of the suit land and that the defendant had no legal basis to use the land without the plaintiff's consent. The court also finds that the defendant had no jurisdiction to determine the issue of ownership or title to the suit land.
Outcome
Judgment for plaintiff
Orders
- An order of permanent injunction is hereby issued restraining the Defendant by himself, servants and agents from entering or trespassing upon or interfering with the plaintiff's use and enjoyment of land parcel Kisumu/Marera/890.
Remedies
- Permanent injunction
Authorities cited
Legislation (2)
- Land Adjudication Act Chapter 284 of the Laws of Kenya
- Land Registration Act No.3 of 2012
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