Case law
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Division and case type: High Court CivilCivil Suit
…It is argued that the Plaintiff has failed to demonstrate any unlawful conduct on the part of the Defendant. 68.…
…The Defendant submits that the Plaintiff has not demonstrated that the redemption amount of Ksh.230,169,711.75/- is unlawful.…
Division and case type: High Court DivCivil Suit
…They had no overdraft or any other loan facility and the said deductions were unlawful, unjustified and misappropriation of their money. ⮚ That the Defendant made unjustified and unlawful charges on the top up loan transaction…
…. ⮚ On 28/07/2014, a sum of Kshs.480,000/= was illegally and unlawfully withdrawn from account No.1003575213.…
Division and case type: Environment and Land CourtCivil Suit
…Despite these efforts, the defendants continued to occupy the premises unlawfully up to the present day. 9.…
…Sections 152A, 152B,152E and 152 F of the said Act provide as follows: “152A.Prohibition of unlawful occupation of land.…
Division and case type: Environment and Land CourtCivil Suit
…Whether or not the allotment of the suit land to the Plaintiff was unlawful and irregular; Whether or not the Defendants trespassed onto and unlawfully placed marks on the building on the suit land for demolition.…
…The contention of the Defendants was that the allotment was irregular and unlawful.…
Division and case type: Environment and Land CourtCivil Suit
…It is their case that the said action was unlawful, unjustified and amounted to trespass. 5.…
…In his statement of Defence dated 7th July, 2008, the Defendant avers that the suit property was unlawfully and irregularly excised from Government Plot No.…
Division and case type: Environment and Land CourtCivil Suit
…That therefore the 1st Defendant’s plan to open the access road was unlawful and/or discriminatory and unreasonable and irregular.…
…The letter dated 6th December, 2022 was unlawful for the reason stated by the Plaintiffs.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff further averred that the transfers and subdivisions were unlawful and fraudulent since no succession was conducted.…
…General Damages for unlawful sub-division and/or conversion. Interests on (f) (sic) above at court rates. Costs of this suit be borne by the Defendant.…
Division and case type: Environment and Land CourtCivil Suit
…CIS Mara/Nairagie Enkare/877 and 882, and that he had unlawfully occupied portions of the Defendants’ land. 41. …
…The Plaintiff’s case is that the subdivision of land parcel No. 877, was unlawful; and that the officials of the Group Ranch convened irregular meetings, unlawfully admitted new members into the Group Ranch, and allocated…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff avers that the unlawful construction aforesaid amounts to trespass on the Suit Property.…
…The Plaintiff avers that the unlawful construction aforesaid amounts to trespass on the Suit Property.…
Division and case type: Environment and Land CourtCivil Suit
…Having visited the suit land as well as the lands office, Kilifi, the Plaintiff/Applicant confirmed the 1st to the 15th Defendants have jointly and severally been involved in, inter alia, fraudulent, illegal, unlawful and…
…All the transactions herein are not only fraudulent, illegally, unlawful, wrongful but further against and in contempt of the Orders of the Family Court in Succession Cause No. 124 of 2007, and thus void ab initio.…
Division and case type: Environment and Land CourtCivil Suit
…and bad in law as majority of the goods the Respondent’s Auctioneers intend to sell were unprocedurally, unlawfully and irregularly obtained/seized and the whole execution process is therefore flawed and untenable in law…
…It is the Plaintiff’s case that the attachment is unlawful and bad in law as majority of the goods the Auctioneers attached and intend to sell were un-procedurally and unlawfully obtained and that the whole execution process…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiffs describe these actions as illegal, unlawful, and criminal, intended to unlawfully deprive them of possession of the suit property. 7. …
…He insisted that any subdivision or sale, if at all, was irregular and unlawful. 44. …
Division and case type: Environment and Land CourtCivil Suit
…and 19th defendants to protect the suit property from unlawful and illegal occupation by squatters.…
…The Blacks Law Dictionary 11th Edition defines “trespass” as; “An unlawful act committed against the property of another especially wrongful entry on another’s real property.” 19.…
Division and case type: Environment and Land CourtCivil Suit
…the Plaintiff is the sole proprietor of the land (parcel) number Nyeri/Waraza/16 exclusive of the Defendant and (that) the caution lodged by the Defendant against the Suitland be removed; and b) General damages for the unlawful…
…He avers that on 14th June, 2011, the Defendant unlawfully placed a caution over the Suitland and urges the court to direct that the caution be removed. 4.…
Division and case type: Environment and Land CourtCivil Suit
…That the purported auction did not meet the threshold standards of a Public Auction is null and void hence the title deed for parcel Kwale/Shimba North/Kundutsi B/1062 was fraudulently and unlawfully acquired.…
…The Plaintiff's title is marred with corruption, forgery, perjury, unlawfully, illegally and fraudulently acquired through misrepresentation of facts by land curtails and land grabbers.…
Division and case type: Environment and Land CourtCivil Suit
…A declaration that all the proceedings and Judgment procured by the Defendant vide Nyeri PMCC 26 (B) of 1994 were fraudulent, illegal and unlawful and they be set aside. b).…
…By way of his Counterclaim the Defendant avers that the Plaintiff is in unlawful occupation of the parcel of land known as Mahiga/Kamoko/1052 and prays for the following. a).…
Division and case type: Environment and Land CourtCivil Suit
…According to the defendant, the Plaintiff is the fraudulent land grabber who illegally, unlawfully and committed perjury and forgery into registering himself the suit land and put the Plaintiff to strict proof thereto.…
…The Plaintiff's title is marred with corruption, forgery, perjury, unlawfully, illegally and fraudulently acquired through misrepresentation of facts by land curtails and land grabbers.…
Division and case type: Environment and Land CourtCivil Suit
…will be rendered nugatory by the implementation of the Positive Order. 5) In the Judgement of this Court, the Plaintiff was declared the lawful owner of the suit property and the titles held by the Defendants declared unlawful…
…Plaintiff title. 7) Further to that, the Defendants were ordered out of the Plaintiff property on their admission of being in possession of the same since the year 2007. 8) In an effort to compensate the Plaintiff for the unlawful…
Division and case type: Environment and Land CourtCivil Suit
…The charge was therefore irregular and unlawful ab initio. 22. …
…The Plaintiffs have demonstrated that the charge was unlawful for want of authority and consent. The Defendant failed to rebut this evidence.…
Division and case type: Environment and Land CourtCivil Suit
…Article 40(6) limits the rights as not extending them to any property that has been found to have been unlawfully acquired.…
…As the court has found, the 2nd defendant acted unlawfully and fraudulently in alienating part of a public road.…