Mwazengele v Yaa (Suing as the administrator of the Estate of Omar Bakari Yaa (Deceased) & 2 others (Civil Appeal E056 of 2021) [2024] KECA 34 (KLR) (26 January 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 34
- Citation
- [2024] KECA 34 (KLR)
- Decided
- 26 January 2024
The appeal is dismissed in its entirety with costs to the 1st respondent, and the judgment of the ELC at Malindi is upheld.
Facts
The 1st respondent, Benson Baya Yaa (suing as the administrator of the estate of Omar Bakari Yaa (deceased)), filed a suit against the appellant, Yusuf Mwero Mwazengele, and the 2nd and 3rd respondents in the Environment and Land Court at Malindi. The 1st respondent claimed a permanent injunction against the appellant for trespassing onto the suit property, and sought to have the property reconveyed to him.
Issues
- Validity of the appellant's Provisional Certificate of Title
- Ownership of the suit property
Reasoning
The court upholds the judgment of the ELC at Malindi, noting that the appellant could not have become the lawful owner of the suit property without evidence of a valid transfer, and that the issuance of the provisional certificate of title to the appellant is not for the court to establish.
Outcome
Appeal dismissed
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