Philip Okwama Adogo v Michael T Adede & another [2020] KEELC 2507 (KLR)
- Court
- Environment & Land Court
- Case number
- 2507
- Citation
- [2020] KEELC 2507 (KLR)
- Decided
- 22 May 2020
The plaintiff is the legal representative of the Estate of Philip Othwele Isaka Mbede and the transfer of plot no. 17 to the 1st Defendant by the 2nd Defendant was fraudulent. The court declares that plot no. 23 Onjiko/Otto market belongs to the Estate of Mzee Philip Othwele Isaka Mbeche.
Facts
Philip Okwama Adogo claimed that the property onjiko market no. 23 belonged to his deceased father, Philip Othwele Isaka Mbede. The 1st Defendant, Michael T. Adede, claimed he had been in occupation of the property since 1956 and that the 2nd Defendant, Clerk Town Council of Ahero, had not included him as the proprietor of plot no. 17. The plaintiff produced evidence of his father's death and a succession certificate.
Issues
- Ownership of the property onjiko market no. 23
- Fraudulent transfer of the property
Reasoning
The court found that the plaintiff is the legal representative of the deceased and that the transfer was fraudulent, leading to the declaration of ownership.
Outcome
Plaintiff wins
Orders
- A declaration that plot no. 23 Onjiko/Otto market belongs to the Estate of Mzee Philip Othwele Isaka Mbeche
- Costs to the plaintiff
Remedies
- Declaration of ownership
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