Kikopi & another v Mkalla (Civil Appeal E037 of 2022) [2025] KECA 751 (KLR) (9 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 751
- Citation
- [2025] KECA 751 (KLR)
- Decided
- 9 May 2025
The Court of Appeal dismissed the appeal, finding that the respondent properly discharged his burden of proof of ownership of the suit portion to the required standard, and the appellants' evidence did not dislodge the respondent's evidence.
Facts
The respondent, Nathan Mkalla, claimed ownership of a 3-acre land at Sabaki sub-location in Malindi sub-county, Kili County, which borders the land of the Kikopi family. The appellants, Kaviha Kikopi and Stembo Kaviha Kikopi, disputed the claim, alleging that the land was their ancestral farmland.
Issues
- Ownership of the 3-acre land at Sabaki sub-location in Malindi sub-county, Kili County
- Validity of the sale agreement between the respondent and the deceased
Reasoning
The Court found that the respondent purchased the land and settled his part of the bargain by paying the full consideration, while the appellants' evidence did not dislodge the respondent's evidence.
Outcome
Appeal dismissed with costs to the respondent
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