Thoya v Mwaro (Civil Appeal E041 of 2022) [2025] KECA 931 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 931
- Citation
- [2025] KECA 931 (KLR)
- Decided
- 7 March 2025
The appeal is dismissed with costs to the respondent, as the appellant's acquisition of the suit property was marred with illegality and irregularity, rendering issuance of the suit property to him a nullity.
Facts
Respondent Yaa Baya Mwaro claimed that he had settled on an unregistered parcel of land in Magarini-Mabomu in 1948, built houses, planted trees, and cultivated the land. He alleged that the appellant, Karisa Kazungu Thoya, unlawfully allocated the land to himself in 1986 and registered him as the proprietor. Respondent also claimed compensation for trees cut down by the Kenya Electricity Transmission Company.
Issues
- Ownership of the suit property
- Legality and irregularity of the appellant's acquisition
Reasoning
The court found that the respondent was in possession of the suit property since 1948 and was entitled to ownership of the property. The court also noted that the Land Disputes Tribunal proceedings demonstrated that the respondent had consistently claimed ownership of the suit property.
Outcome
Appeal dismissed
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