Silpa Anyango Ojunju v John Akech Opuch & 3 others [2018] KEELC 2055 (KLR)
- Court
- Environment & Land Court
- Case number
- 2055
- Citation
- [2018] KEELC 2055 (KLR)
The plaintiff's case has not been proved on a balance of probability against the defendants. The plaintiff's suit is struck out with no order as to costs.
Facts
The plaintiff, Silpa Anyango Ojunju, claimed that she had lived on the suit property, land parcel No. Kochia/Korayo/694, for over 40 years. The property was registered in the name of her late husband, James Ojunju Oyugi, who died in 2002. The defendants, John Akech Opuch and his siblings, unlawfully trespassed into the property in 2012 and started cultivating it.
Issues
- initial registration of the suit property
- fraudulent acquisition of the suit property
- trust over the suit property
- trespass into the suit property
- general and special damages
Reasoning
The plaintiff failed to prove that her late husband was the original registered proprietor of the property, that the defendants' legal representatives had fraudulently acquired the property, or that a trust existed over the property. The plaintiff also failed to prove trespass and general and special damages.
Outcome
Summary Judgment in favor of defendants
Orders
- Strike out the plaintiff's suit with no order as to costs
Authorities cited
Legislation (2)
- Land Registration Act, 2012
- Limitation of Actions Act
Cases cited (5)
- Great Lakes Transport Co. Ltd v Kenya Revenue Authority (2009) KLR 720
- Ouma v Nairobi City Council (1976-80) KLR 375
- Mwangi and Anor v Mwangi (1986) KLR 328
- Nakuru Industries Ltd v S.S. Mehta & Sons (2016) e KLR
- Erick Edome & Anor v Pauline Kasumba Osebe and Anor (2014) eKLR
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