Christopher Mwangi Kioi v Chief Land Registrar & 2 others [2017] KECA 647 (KLR)
- Court
- Court of Appeal
- Case number
- 647
- Citation
- [2017] KECA 647 (KLR)
- Decided
- 24 March 2017
The appeal is dismissed with costs to the respondents, with the exception of setting aside the award of general damages for loss of user and trespass.
Facts
The appellant claimed to be the registered proprietor of a parcel of land known as LR No. Nairobi/Block 112/29, which he acquired on 25th September, 1998. The respondents claimed to be the registered proprietors of the land since 1990 and alleged fraud by the appellant.
Issues
- whether the appellant was the registered proprietor of the land
- whether the respondents were entitled to damages for loss of user and trespass
Reasoning
The court found no evidence to support the appellant's claim of fraud and held that the 1st respondent had no obligation to investigate the transaction beyond examining the documents presented. The court also found no evidence to support the award of damages for loss of user and trespass.
Outcome
Appeal dismissed with costs to the respondents, with the exception of setting aside the award of general damages for loss of user and trespass.
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