Mugenyu v County Government of Nyeri & 2 others (Civil Appeal E067 of 2023) [2025] KECA 593 (KLR) (21 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 593
- Citation
- [2025] KECA 593 (KLR)
- Decided
- 21 March 2025
The Court dismisses the appeal without merit, holding that a temporary occupation license to occupy Government land is not sufficient to create or transfer title to the grantee or his personal representative.
Facts
The appellant, Phelis Nduta Mugenyu, sought a permanent injunction and a declaration against the County Government of Nyeri and the National Land Commission, claiming she was the bona fide owner of LR No. 1246/7 - Naromoru, which she had been allocated on a Temporary Occupation Licence (TOL). The 1st respondent denied the allegations and contended the land was public land.
Issues
- Whether the appellant is the bona fide owner of the suit land
- Whether the 1st respondent's acts and threats to forcefully invade and evict the appellant are unlawful
Reasoning
The court held that the appellant cannot cling on the TOL and claim she was offered the land by the Commissioner of Lands, as the suit property constituted alienated public land vested in the Ministry of Agriculture. The court also noted the appellant's attachment to the land but ruled that the doctrine of estoppel could not be applied.
Outcome
Appeal dismissed without merit
Authorities cited
Legislation (2)
- Registration of Titles Act
- Government Land Allocation Act
Cases cited (2)
- Faraj Maharus (Administrator of the Estate of Khadija Rajab Suleiman) -vs- J. B. Martin Glass Industries & 3 Others
- Mombasa Court of Appeal Civil Appeal No. 130 of 2003
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