Ngari & another v Ochengo; Ogut (Third party) (Environment & Land Case E002 of 2023) [2023] KEMC 111 (KLR) (31 August 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 111
- Citation
- [2023] KEMC 111 (KLR)
- Decided
- 31 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramAngote, Barwick, C. Kariuki, DC, Gikonyo, J.L. Onguto, KLR, Kuloba, L. Gacheru, L. Onguto, Law, Lowe, M. Mutungi, Makhandia, Maraga, Mativo, Mohammed, Musinga, Mutunga, N. Onyango, Odunga, Onyango Otieno, Otieno-Odek, Pall, Prof. J.M. Ngugi, SCJ, Salmond, Visram
Holding
The court finds merit in the plaintiffs' claim and enters judgment for the plaintiffs.
Facts
The plaintiffs claim ownership of a plot of land known as Plot Number 505/09 in the WASWA estate, Lukenya Ranch, while the defendant claims ownership of Plot Number 505/9 in the same estate. The plaintiffs have presented various documents to support their claim.
Issues
- Whether the plaintiffs have adduced proof to the required standard that the contested property is Plot Number 505/09
- Whether the plaintiffs have adduced proof to the required standard that they are the bona fide owner of the suit property
- Whether the defendant has made a case for injunctive orders and eviction
Reasoning
The court concludes that the plaintiffs have adduced proof to the required standard that the contested property is Plot Number 505/09 and that they are the bona fide owner of the suit property.
Outcome
Judgment for the plaintiffs
Orders
- A permanent injunction restraining the defendant from interfering with the plaintiffs' right of occupation and use of the contested property
Remedies
- Rectification of the register by cancellation of the defendant's name as the registered proprietor and registration of the plaintiffs' name as the registered proprietor
Authorities cited
Legislation (2)
- Constitution of Kenya
- Land Registration Act
Cases cited (3)
- Gitamaiyu Trading Company Ltd vs. Nyakinyua Mugumo Kiambaa Co. Ltd & 11 Others [2019] eKLR
- Nathan Tirop Koech & 4 Others vs. Chief Land Registrar & 4 Others [2018] eKLR
- Danson Kimani Gacina & another vs. Embakasi Ranching Company Ltd [2014] eKLR
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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