Kairu & another v Wanyeki & another (Civil Appeal 171 of 2019) [2024] KECA 253 (KLR) (8 March 2024) (Judgment)

Facts

Kairu and Wahome filed a suit against Wangui Karuku in the Chief Magistrate's Court, alleging that they were the registered owners of the suit property and that Karuku was occupying it without right. The suit property was originally owned by Nguru Ndirangu, and the appellants claimed to have purchased it from Marion Wairimu Nguru. Karuku denied the allegations and claimed adverse possession.

Issues

1. Whether the appellants acquired bad title due to the pending suit before the Environment and Land Court.
2. Whether the appellants are entitled to eviction orders against the respondents while a pending suit over the property is ongoing.

Reasoning

The Court found that the appellants could not transfer the suit property as it was the subject of a pending suit before the Environment and Land Court. The doctrine of lis pendens applies, and the appellants are not entitled to eviction orders while a pending suit over the property is ongoing.

Outcome

Appeal dismissed

Authorities cited