Mworia v Muraya (Environment and Land Case E105 of 2022) [2025] KEMC 113 (KLR) (15 May 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 113
- Citation
- [2025] KEMC 113 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePermanent InjunctionPostureAppeal from original trialCoramALOYCE-PETER-NDEGE
Holding
The plaintiff is entitled to a permanent injunction against the defendant from occupying and using the plaintiff's land
Facts
Hannah Njeri Mworia is the registered owner of two adjacent parcels of land, Bahati/Kabatini Block1/1XX85 and Bahati/Kabatini Block1/1XX84. Carolyne Wanjiru Muraya has been trespassing on these lands without any rights, causing Mworia to suffer damage.
Issues
- Whether the defendant has the right to occupy and use the plaintiff's land
- Whether the plaintiff is entitled to a permanent injunction against the defendant
Reasoning
The plaintiff has proven her case and there was no defence filed against her claim, thus the defendant is not entitled to occupy or use the plaintiff's land.
Outcome
In favor of the plaintiff
Orders
- An order of a permanent injunction against the defendant from occupying and using the plaintiff's land
Remedies
- Costs awarded to the plaintiff
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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