Francis Kariuki Maina & another v Peter Kuria Muchoki [2020] KEELC 1801 (KLR)

Facts

The case involves a dispute over rice holdings No. 284 (B) and 284 (C) in the National Irrigation Board's Mwea Irrigation Settlement Scheme. The respondent, Peter Muchoki, sought possession of the rice holdings and a permanent injunction against the appellants, Francis Kariuki Maina and Luke Macharia Maina.

Issues

1. The trial magistrate's dismissal of the defendant's case against the plaintiffs
2. The trial magistrate's failure to consider the respondent's non-call of witnesses
3. The trial magistrate's failure to consider the appellants' and respondent's Memorandum of Understanding
4. The trial magistrate's judgment over the respondent's rice holding which he had not cleared the balance of purchase price
5. The trial magistrate's failure to consider the respondent's lack of locus standi to present and prosecute a suit of a rice holding he had transferred without consent

Reasoning

The court re-evaluated the evidence and documents, and found that the trial magistrate properly considered the materials and applicable law. The appellants did not file a counter-claim and the sale agreement provided for the balance of payment during transfer.

Outcome

Appeal dismissed

Authorities cited