Munguti v Ndonye (Civil Appeal 454 of 2019) [2025] KECA 2114 (KLR) (5 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2114
- Citation
- [2025] KECA 2114 (KLR)
- Decided
- 5 December 2025
The ELC held that the respondent is entitled to the portion of land of the appellant's land parcel known as Kabauni/Malunda/541 as shown by the appellant.
Facts
The respondent sued the appellant in the ELC at Makueni for a declaration that he was the bona fide owner of the suit property and for a permanent injunction to restrain the appellant from interfering with his possession of the suit property. The respondent claimed to have sold a portion of the suit property to the appellant for Kshs. 127,000 in 1988, while the appellant claimed to have purchased the entire suit property for Kshs. 74,000.
Issues
- Determination of the portion of the suit property sold by the respondent to the appellant
- Uncertainty of the actual portion on the ground that was sold
Reasoning
The court found the appellant's defense and evidence to be contradictory and accepted the respondent's evidence.
Outcome
The appellant's appeal is allowed only to the extent that the matter is remitted back to the ELC to ensure that the sold portion as identified by the respondent is demarcated on the ground.
Orders
- Remit the matter back to the ELC for purposes of ensuring that the sold portion as identified by the respondent is demarcated on the ground
- Each party shall bear its own costs
Remedies
- Remedial action by the ELC to demarcate the sold portion of the suit property
Authorities cited
Cases cited (2)
- Susan Munyi v Keshar Shiani CA. No. 38 of 2002
- Muiruri v Kimemia [2002] 2 KLR 677
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