Justus Monda Moraba v Vincent Nyangau [2017] KEELC 63 (KLR)
- Court
- Environment & Land Court
- Case number
- 63
- Citation
- [2017] KEELC 63 (KLR)
- Decided
- 20 December 2017
The court orders the eviction of the defendant from the suit land and refunds the purchase price of Kshs. 43,000 to the defendant by the 1st and 2nd defendants in the counter claim. The defendant is ordered to bear the costs of the suit, and the 1st and 2nd defendants in the counter claim are ordered to bear the costs of the counter claim.
Facts
The plaintiff, Justus Monda Moraba, claims that the defendant, Vincent Nyangau, unlawfully occupies and cultivates land parcel No. Wanjare/Bogiakumu/52244, which he claims was demarcated and transferred to him by his father, Richard Moraba Nyangaro, in 1992. The defendant counters that he purchased the land from William Nyangaro Atima in 2009.
Issues
- Eviction of the defendant from the suit land
- Refund of Kshs. 43,000 to the defendant by the 1st and 2nd defendants in the counter claim
- Determination of costs of the suit and the counter claim
Reasoning
The court found that the plaintiff had proved his claim against the defendant on a balance of probability, and the defendant had proved his counter-claim against the 1st and 2nd defendants in the counter claim on a balance of probability.
Outcome
The appeal is dismissed, and the judgment is in favor of the plaintiff.
Orders
- Eviction order against the defendant from the suit land
- Refund of Kshs. 43,000 to the defendant by the 1st and 2nd defendants in the counter claim
- Costs of the suit to be borne by the defendant
- Costs of the counter claim to be borne by the 1st and 2nd defendants in the counter claim
Remedies
- Eviction of the defendant from the suit land
- Refund of Kshs. 43,000 to the defendant by the 1st and 2nd defendants in the counter claim
Authorities cited
Legislation (2)
- Land Registration Act, 2012
- Land Act, 2016
Cases cited (2)
- Blay –v—Pollard& Morris (1930) IKB & KLR (2009) 720
- Mwangi and Another-vs-Mwangi (1986) KLR 328
Loading judgment…