Kiptum v Birir & another (Civil Appeal 66 of 2020) [2023] KECA 482 (KLR) (12 May 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 482
- Citation
- [2023] KECA 482 (KLR)
- Decided
- 12 May 2023
The Appellant’s claim was not properly before the court and her claim based on trust was not merited. The suit by the Respondents against the Appellant is dismissed with costs to the Appellant.
Facts
The Appellant and Respondents were the registered proprietors of land parcel known as Kili/Mtwapa/3834. The Respondents sought an order for vacant possession and a declaration that the Appellant has no legal or possessory right in the suit property.
Issues
- Whether the Appellant’s claim was properly before the court
- Whether the trial court adequately addressed the Respondents’ offer to allocate 1/8th of the property to the Appellant
- Whether the trial court adequately explained the evaluation of the developments carried out by the Appellant
Reasoning
The court found that the Appellant’s claim was not properly before the court and her claim based on trust was not merited. The trial court’s failure to address the Respondents’ offer to allocate 1/8th of the property to the Appellant and its failure to explain the evaluation of the developments carried out by the Appellant were errors.
Outcome
Appeal dismissed
Orders
- Suit by the Respondents against the Appellant is dismissed with costs to the Appellant
- Appellant is entitled to ownership and possession of all parcels of land that were excised from Kili/Mtwapa/3834
- Respondents to transfer the said properties to the Appellant
- Permanent injunction restraining the Respondents from interfering with the Appellant's quiet enjoyment and occupation of the said properties
- Remitted the matter back to the trial court to determine the value of Kili/Mtwapa/5488 free from any developments
Remedies
- Costs to the Appellant
- Declaration that the Appellant is entitled to ownership and possession of the excised parcels of land
Authorities cited
Cases cited (4)
- Selle v Associated Motor Boat Co.
- Shah vs. Aguto
- Ramjibhai vs. Rattan Singh S/O Nagina Singh
- Mohammed Mahmoud Jabane vs Highstone Butty Tongoi Olenja
Loading judgment…