Dominic Mailu v Joseph Mailu Mukwekwe & another [2018] KEELC 2402 (KLR)
- Court
- Environment & Land Court
- Case number
- 2402
- Citation
- [2018] KEELC 2402 (KLR)
- Decided
- 20 July 2018
The court finds that it would be unfair to evict the Respondents from the suit land and orders the land to be divided into two equal portions between the two families.
Facts
The Appellant Dominic Mailu claimed ownership and occupation of the suit land, parcel number 725, which was registered in his name. The Respondents, Joseph Mailu Mukwekwe and Kamwethya Mukwekwe, claimed ancestral rights to the land and were living on it. The Appellant and Respondents were siblings-in-law, with the Respondents being the late husband's family.
Issues
- Ownership and occupation of the suit land
- Customary rights vs. registered land ownership
Reasoning
The court held that the Respondents had ancestral rights to the land and had been living on it for over 30 years. The Appellant's claim of ownership was based on inheritance and registration, but the court found that the land was family property and should be divided equally.
Outcome
Appeal dismissed with costs
Orders
- The suit land to be divided into two equal portions
Authorities cited
Legislation (2)
- Registered Land Act (repealed)
- Customary Trusts
Cases cited (2)
- Mbui Mukangu v. Gerald Mutwiri Mbui (2004) eKLR
- Gathiba v. Gathiba (2001) 2 EA 342
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