Chege v Twiga Lodge Limited & 2 others (Civil Appeal 77 of 2019) [2022] KECA 429 (KLR) (4 March 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 429
- Citation
- [2022] KECA 429 (KLR)
- Decided
- 4 March 2022
The appeal is dismissed with costs to the Respondents
Facts
Evans Muthemba Chege sued Twiga Lodge Limited and two Administrators of the estate of Isaiah Mwangi Mathenge for trespassing and construction of a campsite on his land. The Respondents claimed that the Deceased (Isaiah Mwangi Mathenge) was the lawful owner of the land and that the Appellant (Chege) fraudulently obtained a certificate of lease.
Issues
- Whether the Appellant's title was not regularly acquired
- Whether the evidence presented by the Respondents was contrived and introduced late during the trial
Reasoning
The court found that the Respondents demonstrated by verifiable evidence that the Deceased was ill and hospitalized at the time of the alleged purchase and signing of the transfer. The court also noted that the Respondents proved fraud and illegality on the part of the Appellant in obtaining the Deceased's signatures and non-payment of the purchase price.
Outcome
Appeal dismissed
Orders
- The judgment of the Environment and Land Court is upheld
- The suit property reverts to the name of the Deceased
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