Mutwaruhiu (As the Personal and Legal Representative of the Estate of Ibrahim Muturuhiu Kimamo - Deceased) v Kingathia (Civil Appeal 129 of 2018) [2025] KECA 1104 (KLR) (20 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1104
- Citation
- [2025] KECA 1104 (KLR)
- Decided
- 20 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at NyeriCoramAO MUCHELULE, Angote, KARANJA, L. Kimaru, L. N. Waithaka, L. N. Waithaka, Makhandia, Ms., W. KARAN
Holding
The appeal is dismissed. The decision of the trial court was properly arrived at, and the appellant cannot resile from the consent and findings of the Land Registrar.
Facts
The deceased appellant claimed that the respondent unlawfully entered and occupied part of land parcel Konyu/Ichuga/2092, encroached onto his land, and destroyed 85 trees. The Land Registrar determined the boundary between the parcels of land.
Issues
- Whether the decision of the trial court was properly arrived at.
- Whether the deceased appellant's claim for encroachment and destruction of trees was supported by evidence.
Reasoning
The Land Registrar's report was based on the RIM and measurements, and the parties agreed to its findings. The appellant cannot resile from the consent and findings of the Land Registrar.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Selle vs Associated Motorboat Company Limited (1968) EA 123
- Tracom Limited & Another vs Hasssan Mohamed Adan (2009) KECA 48 KLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…