Dellian Langata Limited v Symon Thuo Muhia,Mary Njoki Thuo, Agricultural Finance Corporation, Nairobi City Council & Council of Legal Education [2018] KECA 859 (KLR)
- Court
- Court of Appeal
- Case number
- 859
- Citation
- [2018] KECA 859 (KLR)
- Decided
- 26 January 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgmentCoramM. K. KOOME, H. M. OKWENGU, P. O. KIAGE
Holding
The court finds that the disputed road is a public road and the appellant has no claim on the said property.
Facts
The Thuos are the registered owners of land parcel LR. 3591/22 in Langata, Nairobi. In 1998, they entered into an agreement to sell the land to Dellian Langata Limited. The appellant, Dellian Langata Limited, erected poles and barbed wire across the disputed road, preventing the Thuos from accessing their residence.
Issues
- Whether the disputed road is a private or public road
- Whether the appellant has a valid claim on the disputed road
Reasoning
The court held that the disputed road was not designated as a private road and no evidence was presented to support such a claim. The court found that the actions of the appellant to restrict the respondents' access to the road were not anchored on any valid legal foundation.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Public Road and Roads of Access Act, Cap 399
Cases cited (1)
- EAST AFRICAN CABLES LIMITED vs. THE PUBLIC PROCUREMENT COMPLAINTS, REVIEW & APPEALS BOARD AND ANOTHER [2007] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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