Ondieki Okirigiti v Christine Nafula Wepukhulu [2017] KEELC 3405 (KLR)
- Court
- Environment & Land Court
- Case number
- 3405
- Citation
- [2017] KEELC 3405 (KLR)
- Decided
- 6 March 2017
Summary at a glance
TypeLand Registration DisputePostureAppeal from a previous judgmentCoramPresiding Judge
The Court found that the deceased bought the suit land from John Kipsongok Arap Lelei on 12th April 2001, and there was no fraud in the registration.
Facts
The Plaintiff claims to have bought the suit land from John Kipsongok Arap Lelei on 4th April 2008, while the Defendant claims her deceased husband bought it from Lelei. The Plaintiff presented an agreement dated 4th April 2008, which was later cancelled in favor of a new agreement dated 1st July 2008. The Defendant presented an original agreement dated 12th April 2001.
Issues
- Who between the plaintiff and the deceased bought the suit land?
- Was there any fraud involved in the registration of the suit land in the name of the defendant?
Reasoning
The Court analyzed the evidence and found that the original agreement dated 12th April 2001 was more credible than the later agreements.
Outcome
The Court dismissed the Plaintiff's claim and ordered the Land Registrar to maintain the current registration.
Orders
- The Land Registrar to maintain the current registration of the suit land in the name of the Defendant
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