JOEL OTIOGO NYASINGA V KENNEDY ONYANGORE & ANOTHER [2012] KECA 64 (KLR)

Facts

Joel Otiogo Nyasinga filed a suit against Kennedy Onyangore and Mary Kemunto Matagaro claiming ownership of Parcel Nos. NYARIBARI CHACHE/B/B/BOBURIA/5355, 5355 and 5356, which he claimed was from an original subdivision of Parcel No. Nyaribari Chache/B/B/Boburia/5085. The respondents denied the claim and claimed the land was their ancestral land.

Issues

1. Whether the appellant fraudulently acquired more land than he purchased
2. Whether the learned trial judge misdirected himself in holding that the late Onyangore did not sell the land

Reasoning

The learned trial judge correctly interpreted the sale agreement and ordered a re-survey and re-transfer of the exact portion that the appellant purchased. The judge did not misapprehend the evidence and the defence evidence did not vitiate the written agreement.

Outcome

Appeal dismissed

Authorities cited