Peter Okore Ondu v Pius Ondu & 4 others [2020] KECA 813 (KLR)
- Court
- Court of Appeal
- Case number
- 813
- Citation
- [2020] KECA 813 (KLR)
- Decided
- 3 April 2020
The court declares the present boundary between the appellant and the 1st respondent illegal and orders the land registrar to cancel it and fix the correct one. The 1st respondent's land certificate is cancelled, and the appellant's land certificate is adjusted accordingly.
Facts
The deceased brothers, Peter Okore Ondu and Pius Ondu, had inherited part of their ancestral land from their late father. The 1st respondent, Pius Ondu, fraudulently excised approximately 4 acres from the appellant's parcel and apportioned it to his property. The disputed portion had been unlawfully made part of the 1st respondent's parcel by encroachment.
Issues
- Declaration that the present boundary between the appellant and the 1st respondent be declared illegal and the land registrar be ordered to cancel it and fix the correct one.
- Cancellation of the 1st respondent's land certificate and adjustment to the appellant's land certificate
Reasoning
The court found that the 1st respondent conspired with surveyors to unlawfully alter the original boundary between the parcels of land, resulting in the encroachment of the disputed portion onto the appellant's parcel.
Outcome
Appeal dismissed
Orders
- A declaration that the present boundary between the appellant and the 1st respondent be declared illegal and the land registrar be ordered to cancel it and fix the correct one.
- Cancellation of the 1st respondent's land certificate and adjustment to the appellant's land certificate
Remedies
- Cancellation of the 1st respondent's land certificate and adjustment to the appellant's land certificate
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