AKIFIA AZIZI (K) LIMITED vs CHELULE TUIMISING (CHAIRMAN) ABRAHAM KALYAQ (TREASURER) ZEPHANIA YEGON (SECRETARY) BEING OFFICIALS OF KOSIA SET KIBOR SELF HELP GROUP [2003] KEHC 1004 (KLR) | Trespass To Land | Esheria

AKIFIA AZIZI (K) LIMITED vs CHELULE TUIMISING (CHAIRMAN) ABRAHAM KALYAQ (TREASURER) ZEPHANIA YEGON (SECRETARY) BEING OFFICIALS OF KOSIA SET KIBOR SELF HELP GROUP [2003] KEHC 1004 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NO. 540 OF 2003

AKIFIA AZIZI (K) LIMITED……………………………………PLAINTIFF VERSUS

CHELULE TUIMISING CHAIRMAN

ABRAHAM KALYAQ TREASURER

ZEPHANIA YEGON SECRETARY

BEING OFFICIALS OF KOSIA SET

KIBOR SELF HELP GROUP…………………………….DEFENDANTS

JUDGEMENT The Plaintiff is a Limited Liability Company which owns 167 hectare piece of land known as LR CIS MARA/OLCHORO-OLROUWA but claims through PW1 JAMES ENINA SADERA, the Company Chairman that there is a group of people including Defendants who have wrongfully occupied the land and are carrying on activities like grazing and building thereon.

The witness says they have no claims whatsoever and requires eviction order to issue for their removal.

After hearing the witness, I am satisfied that the same are trespassers. I, therefore, order that the Defendants and all those that claim by them be evicted.

Costs to the Plaintiff. DATED this 17th day of September 2003.

A.I. HAYANGA JUDGE