Thomas Nyawade v Richard Sule Odongo & 4 others [2015] KECA 204 (KLR)

Facts

The appellant claimed ancestral land known as Title No. Kisumu/Kasule/549, which he believed belonged to his late father. The land was registered in the name of the 1st respondent. The appellant filed a dispute in the Kisumu District Land Disputes Tribunal, which found in his favor and directed the 1st respondent to surrender the title deed. The 1st respondent subdivided the land and sold portions to other respondents.

Issues

1. Whether the 1st respondent fraudulently got himself registered as the owner of the suit land and conspired with other respondents to transfer portions of the land to them.
2. Whether the appellant failed to prove that the suit land was his family's ancestral land and that the other respondents fraudulently bought their respective portions from the 1st respondent.

Reasoning

The appellant failed to call evidence to support his claim that the suit land was his family's ancestral land. He also failed to prove particulars of fraud against the respondents.

Outcome

Appeal dismissed with costs