Frankline Njagi Zakayo v Kithinji Zakayo [2017] KEELC 980 (KLR)
- Court
- Environment & Land Court
- Case number
- 980
- Citation
- [2017] KEELC 980 (KLR)
- Decided
- 13 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramNdegwa
Holding
The court finds that the plaintiff's claims are merited and orders rectification of the register to reflect the intended ownership.
Facts
Land parcels MUTHAMBI/GATUA/1601 and 1602 were registered in the names of the plaintiff and defendant respectively, despite the plaintiff claiming they were intended for him and his brother.
Issues
- Were the parties innocently registered as owners of portions of land which they did not occupy.
- If so, should the court order rectification of the register so that parcel No. MUTHAMBI/GATUA/1601 is registered in the name of FRANKLIN NJAGI ZAKAYO and land parcel No. MUTHAMBI/GATUA/1602 is registered in the name of KITHINJI ZAKAYO.
Reasoning
The plaintiff's witnesses provided consistent and credible evidence, while the defendant's evidence was inconsistent and contradictory.
Outcome
Judgment entered for the plaintiff
Orders
- Rectification of the register to reflect the intended ownership
Remedies
- Rectification of the register
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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