Ochieng v Okumu (Civil Appeal 181 of 1995) [1995] KECA 169 (KLR) (24 November 1995) (Judgment)
- Court
- Court of Appeal
- Case number
- 169
- Citation
- [1995] KECA 169 (KLR)
- Decided
- 24 November 1995
The appeal is dismissed with costs to the respondent.
Facts
The appellant, Charles Ogejo Ochieng, claimed trespass against the respondent, Geoffrey Okumu, over land parcel number Suna East/Wasweta 1/1682, which he registered as his own. The respondent, however, claimed ownership of land parcel LR No 8534/130, which he had acquired from the Government of Kenya.
Issues
- Whether the learned judge erred in not determining the issue before him which was whether or not the respondent has trespassed on the land registered in the name of the appellant.
- Whether the appellant has the right to sue in trespass since the respondent was lawfully in possession of the title to the suit land at the time of the alleged trespass.
Reasoning
The learned judge found that there was an apparent confusion in the actual position of the two parcels of land, which confusion sprang from the sub-division in or about 1975 of the head title of the original plot number 193. The respondent's title was found to be indefeasible, and no evidence was led by the appellant to show a nexus between the respondent's title and any damages.
Outcome
Appeal dismissed
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