Peninah Wanjiru Njoroge & 3 others v Jane Nyaguthi Ndirangu [2018] KEELC 503 (KLR)
- Court
- Environment & Land Court
- Case number
- 503
- Citation
- [2018] KEELC 503 (KLR)
- Decided
- 26 November 2018
The trial magistrate's finding that the respondent acquired an indefeasible title was incorrect due to the lack of evidence on how Caroline Wambui Ndungu obtained her title.
Facts
The appellants and the respondent disputed the ownership of LR No.Ruiru/Ruiru East Block 1/1480, which was subdivided into 14 parcels. The respondent claimed to have purchased the land from Caroline Wambui Ndungu and subdivided it, while the appellants claimed the land was allocated to the deceased and they were the rightful owners.
Issues
- Ownership of LR No.Ruiru/Ruiru East Block 1/1480
- Validity of Caroline Wambui Ndungu's title
Reasoning
The trial magistrate ignored crucial evidence that Caroline Wambui Ndungu was not a member of Githunguri Constituency Ranching Company Limited and that the certificate she gave to the respondent was issued on a non-operational day.
Outcome
The appeal is upheld, and the judgment of the trial magistrate is set aside.
Orders
- The trial magistrate's judgment is set aside.
- The appellants' counter-claim is upheld.
Remedies
- The appellants' counter-claim is upheld.
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