Philemon L. Wambia v Gaitano Lusitsa Mukofu & 2 others [2019] KECA 157 (KLR)
- Court
- Court of Appeal
- Case number
- 157
- Citation
- [2019] KECA 157 (KLR)
- Decided
- 28 November 2019
The court found that the first allotment was to Mr. Joseph Muturi Muthurania, not the appellant.
Facts
The appellant, Philemon L. Wambia, claimed to be the lawful owner of Land Parcel No. Trans Nzoia/Maridadi/395, which he alleged was unlawfully occupied by the 1st respondent, Gaitano Lusitsa Mukofu. The 1st respondent disputed this claim, asserting that he was the registered proprietor with a title deed issued on 18th October 1996. The Settlement Fund Trustees (3rd respondent) were also involved in the proceedings.
Issues
- Who is the first allottee of the suit property?
- Who is the lawful owner of the suit property?
Reasoning
The court relied on the testimony of the Third Party Witness, Mr. Oseko, who denied the authenticity of the appellant's letter of allotment dated 2nd January 1984. The court found the appellant's witnesses not credible.
Outcome
The appeal was dismissed.
Authorities cited
Cases cited (5)
- Ephantus Mwangi and another -v- Duncan Mwangi (1982-1988) 1 KAR 278
- Williamsons Diamonds Ltd -v- Brown (1970) EA 1
- Selle -v- Associated Motor Boat Company Limited (1968) EA 123
- Gatirau Peter Munya -v- Dickson Mwenda Kithinji & 3 others [2014] eKLR
- Gitwany Investment Limited -v- Tajmal Limited & 2 others, (2006) eKLR
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