John Waweru Gakuru & another v David Mulwa Malamu [2015] KEELC 376 (KLR)
- Court
- Environment & Land Court
- Case number
- 376
- Citation
- [2015] KEELC 376 (KLR)
- Decided
- 30 June 2015
The court held that the court was not bound by the issues framed by the parties and that the issues for the court's determination flow from the pleadings.
Facts
The respondent, David Mulwa Malamu, claimed to have purchased the suit property from Samuel Muiruri Kariuki on or about 30th July 2009 and has been in possession since. The appellants, John Waweru Gakuru and Peter Murage Kamanja, denied these claims and filed a counter-claim alleging that the respondent unprocedurally, illegally or unlawfully obtained title to the property.
Issues
- Whether plot No. unsurveyed commercial plot No.63Nanyuki Municipality and plot No.Nanyuki/block 8/909 are on the same ground?
- Who between the plaintiff and the defendant is entitled to ownership of the suit property?
- Whether the register should be rectified and the plaintiff's registration as proprietor of the suit property cancelled?
- Who is entitled to an order of permanent injunction?
- Whether the third defendant lawfully authorized the 2nd defendant to act on the suit property
Reasoning
The court agreed with the respondent that the court was not bound by the issues framed by the parties. It held that the issues for the court's determination flow from the pleadings, and in this case, the parties had framed the issues for the court's determination.
Outcome
Affirmed
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