Samuel Uiru v George Mburu [2020] KEELC 1632 (KLR)
- Court
- Environment & Land Court
- Case number
- 1632
- Citation
- [2020] KEELC 1632 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from a decision of the Environment and Land CourtCoramL. GACHERU
The court ordered the Defendant to execute necessary documents to sever the joint proprietorship and transfer the land parcel No. Kiambaa/Ruaka/2448 to the Plaintiff.
Facts
The Plaintiff and Defendant were joint proprietors of land parcel No. Kiambaa/Ruaka/2448, with the Plaintiff owning L.R Kiambaa/Ruaka/2448 and the Defendant owning L.R Kiambaa/Ruaka/2446. The Plaintiff sought an order to sever the joint proprietorship and transfer the land to himself.
Issues
- Severance of joint proprietorship
- Transfer of land parcel No. Kiambaa/Ruaka/2448
Reasoning
The Plaintiff was the sole owner of L.R 2448, while the Defendant was the sole owner of L.R 2446, and they had always occupied and utilized their respective portions.
Outcome
The Plaintiff's prayer was granted.
Orders
- Order for the Defendant to execute necessary documents to sever the joint proprietorship and transfer the land parcel No. Kiambaa/Ruaka/2448 to the Plaintiff.
Remedies
- Order for severance of joint proprietorship and transfer of land parcel No. Kiambaa/Ruaka/2448 to the Plaintiff.
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