Joseph Kiprepeli Lotukei v Stephen Toroitich Korkou [2020] KEELC 2185 (KLR)
- Court
- Environment & Land Court
- Case number
- 2185
- Citation
- [2020] KEELC 2185 (KLR)
- Decided
- 20 May 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramMWANGI NJOROGE
Holding
The plaintiff's suit is dismissed with costs, and the defendant's counterclaim is allowed. The plaintiff shall remove himself from the parcel of land known as West Pokot/ Chepareria/2100 within 45 days and in default be forcibly evicted.
Facts
The plaintiff filed a suit seeking to declare that he is entitled to 3 acres from land parcel known as WEST POKOT/CHEPARERIA/2100 and to be evicted from the same. The defendant counterclaimed for 2 acres from the plaintiff.
Issues
- Did the decision of the Land Adjudication Officer or the Kapenguria Land Disputes Tribunal entitle the defendant and the plaintiff to 14 acres each?
- Was the title to plot no 2100 measuring 5.2 acres fraudulently obtained by the defendant?
- What orders should issue?
Reasoning
The court found the plaintiff's suit dismissed due to lack of jurisdiction in the land disputes tribunal award and the defendant's counterclaim allowed.
Outcome
The plaintiff's suit is dismissed with costs, and the defendant's counterclaim is allowed.
Orders
- The plaintiff shall remove himself from the parcel of land known as West Pokot/ Chepareria/2100 within 45 days and in default be forcibly evicted.
- The plaintiff shall bear the costs of the counterclaim.
Remedies
- Eviction of the plaintiff from the parcel of land known as West Pokot/ Chepareria/2100 within 45 days.
Authorities cited
Legislation (2)
- Registered Land Act Cap 300 (now repealed)
- Land Disputes Tribunals Act (now repealed)
Cases cited (4)
- Peter Kanithi Kimunya v Aden Guyo Haro [2014] eKLR Civil Appeal No. 307 of 2008
- Kirugi & Another -Vs- Kabiya & 3 Others [1987] KLR 347
- Asman Maloba Wepukhulu and Another -vs- Francis Wakwabubi Biketi Kisumu CA Civil Appeal No. 157 of 2001
- Nairobi Civil Appeal No. 244 Of 2010 Between Phoenix Of E.A. Assurance Company Limited And S. M. Thiga T/A Newspaper Service
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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