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Absolom U.P. Abebe v Mbukoni Holdings Limited & another [2017] KEELC 1081 (KLR)

[2017] KEELC 1081 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1081
Citation
[2017] KEELC 1081 (KLR)
Decided
4 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePostureAppeal from the original trialCoramE.O.OBAGA
Holding

The Court finds that the Second Defendant has proved her case on a balance of probability and enters judgment in her favor.

Facts

The Plaintiff and the Second Defendant both claimed ownership of plot No.17 in LR No. 12715/232. The Plaintiff claimed he bought the plot from Ibrahim Abubakar Shaaban, while the Second Defendant claimed she purchased it from the First Defendant.

Issues

  1. Who is the genuine owner of the plot No.17 in LR No. 12715/232?
  2. Who has the right to remove structures and materials from the plot?

Reasoning

The Court found that the Second Defendant's evidence was more credible and that the Plaintiff's claim was not supported by the documents presented.

Outcome

The Plaintiff's claim is dismissed with costs to the Second Defendant. The Second Defendant's counter-claim is upheld.

Orders

  • Judgment in favor of the Second Defendant

Remedies

  • Judgment in favor of the Second Defendant
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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