Rebecca Kakuko Joshua v Emmanuel Tinjaa Lokiletum [2020] KEELC 2189 (KLR)
- Court
- Environment & Land Court
- Case number
- 2189
- Citation
- [2020] KEELC 2189 (KLR)
- Decided
- 20 May 2020
The court declared the agreement between the plaintiff and the defendant null and void due to lack of Land Control Board consent and ordered the defendant to vacate the land.
Facts
The plaintiff Rebecca Kakuko Joshua filed a suit against the defendant Emmanuel Tinjaa Lokiletum, seeking a declaration that the agreement of 31/7/2010 between the plaintiff and the defendant became null and void due to lack of Land Control Board consent, and that the defendant is a trespasser on the land.
Issues
- Whether the land sold to the defendant by Chepoturom was located near the Kitale -Kapenguria road and measured a quarter acre.
- Whether the defendant should be declared a trespasser on the suit land for the reason that the agreement is void for want of Land Control Board consent.
- What orders should issue.
Reasoning
The court found that the defendant and his witnesses agreed that the plot was located on land along the Kitale-Kapenguria road. The agreement was not challenged by the plaintiff, but it did not specify a parcel number. The court ruled that the defendant is a trespasser and ordered him to vacate the land.
Outcome
The defendant was declared a trespasser and ordered to vacate the land.
Orders
- A declaration that the agreement of 31/7/2010 between the plaintiff and the defendant became null and void.
- A declaration that the defendant is a trespasser in the land comprised in title No. WEST POKOT/KERINGET A/2534.
- An order for the defendant to vacate the land.
- Interest.
- Any other relief this court may deem fit to grant.
Remedies
- Declaration of nullity of the agreement.
- Declaration of trespasser status.
- Order for vacating the land.
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