Wainaina Waweru v Wainaina Kamanu & 2 others [2016] KEELC 187 (KLR)
- Court
- Environment & Land Court
- Case number
- 187
- Citation
- [2016] KEELC 187 (KLR)
The appeal is allowed, and the decisions of the Appeals Committee and the District Tribunal are overturned. The Appellant is ordered to file a suit for the recovery of LR No. Dagoretti/Uthiru/T.785.
Facts
The Appellant and the 1st Respondent were registered as joint proprietors of the suit property. The 1st Respondent claimed that the Appellant sold his share to the 2nd Respondent, but the Appellant denied this. The 1st Respondent alleged fraud and sought to have the suit property restored to its rightful owners.
Issues
- Ownership of the suit property
- Validity of the subdivision of the suit property
Reasoning
The court found evidence of fraud and concluded that the proceedings before the tribunal were null and void. The court allowed the appeal but directed the parties to file separate suits for the determination of their respective claims.
Outcome
Appeal allowed
Orders
- Overturn the decisions of the Appeals Committee and the District Tribunal
- Order the Appellant to file a suit for the recovery of LR No. Dagoretti/Uthiru/T.785
Remedies
- Order the Appellant to file a suit for the recovery of LR No. Dagoretti/Uthiru/T.785
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