Peter Muhati Somoya v Peter Arumana Khayeka & another [2019] KEELC 506 (KLR)
- Court
- Environment & Land Court
- Case number
- 506
- Citation
- [2019] KEELC 506 (KLR)
- Decided
- 26 November 2019
Summary at a glance
TypeLand Registration DisputePostureAppeal from the original trialCoramN.A. MATHEKA
The 2nd defendant is the registered proprietor of Land parcel No. Idakho/Iguhu/1866. The plaintiff failed to prove fraud or illegal acquisition of title, and the suit is dismissed.
Facts
Land parcel No. Idakho/Iguhu/1866 was sub-divided from land parcel No. Idakho/Iguhu/607. The plaintiff claims the 1st defendant fraudulently registered the land and transferred it to the 2nd defendant. The defendants argue the 2nd defendant has a good title.
Issues
- Ownership of land parcel No. Idakho/Iguhu/1866
- Validity of the 1st defendant's registration and transfer
Reasoning
The court found the 2nd defendant's title to be valid and the plaintiff failed to prove fraud or illegal acquisition of title.
Outcome
Dismissed with costs to the defendants
Authorities cited
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