Issa v Suleiman & 3 others (Civil Appeal E025 of 2023) [2025] KECA 1336 (KLR) (18 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1336
- Citation
- [2025] KECA 1336 (KLR)
- Decided
- 18 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the Environment and Land Court of Kenya at Mombasa (N. Matheka, J.)CoramGW NGENYE-MACHARIA, N. A. Matheka, N. Matheka
Holding
The appeal is dismissed, and the judgment and decree of the ELC at Mombasa (N. A. Matheka, J.) is upheld.
Facts
The respondents claimed to be the beneficial owners of a house on Plot No. Mombasa/Block XVII/544, alleging a trust agreement and adverse possession. The appellant disputed the claim, stating he purchased the property in 1966 and the respondents' father demolished the temporary structure.
Issues
- Ownership of the house on Plot No. Mombasa/Block XVII/544
- Validity of the trust agreement
Reasoning
The Agreement dated 4th June 1979 was executed by the appellant's father and the respondents' father, holding the suit property in trust for both parties. The respondents were found to be the beneficial owners of the ground floor.
Outcome
Appeal dismissed
Orders
- Judgment and decree of the ELC at Mombasa (N. A. Matheka, J.) dated 6th December 2022 is upheld
- Appellant to bear the costs of the appeal
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.
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