Ndiema Kirui Toboswa v Enes N. Wafula [2017] KEELC 2534 (KLR)

Facts

The plaintiff sued the defendant for eviction order over LR. No.Trans-Nzoia/Maridadi/118, which was registered in the plaintiff's name. The court found that there was a land exchange agreement between the plaintiff and the defendant's deceased husband, and dismissed the plaintiff's suit with costs.

Issues

1. Defendant's application for the surrender of the original title deed for Land Parcel No. Trans-Nzoia/Maridadi/118
2. Defendant's request for a fresh title in her name

Reasoning

The court found that the defendant is not the administrator of the Estate of her deceased husband and that the plaintiff could not sustain the suit against her for her lack of capacity.

Outcome

Application dismissed