Kaakai Ene Nankoo Mosiany v Kateto ole Kironki Miisia & 2 others [2020] KEELC 2919 (KLR)
- Court
- Environment & Land Court
- Case number
- 2919
- Citation
- [2020] KEELC 2919 (KLR)
- Decided
- 29 April 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramCHRISTINE OCHIENG
Holding
The court declared that the property known as KAJIADO/ DALALEKUTUK/ 3134 lawfully and indefeasibly belongs exclusively to the Applicant, Kaakai Ene Nankoo Mosiany.
Facts
The Applicant, Kaakai Ene Nankoo Mosiany, sought a declaration that the land known as KAJIADO/ DALALEKUTUK/ 3134 lawfully belongs exclusively to her. The 1st Respondent, Kateto ole Kironki Miisia, opposed the application.
Issues
- Who is the rightful proprietor of the suit land.
- Who should bear the costs of the suit.
Reasoning
The court analyzed the parties' submissions and evidence, concluding that the Applicant is the rightful proprietor of the land.
Outcome
In favor of the Applicant
Orders
- A declaration that the property belongs exclusively to the Applicant
- Rectification of the land registry to remove the 1st Respondent's registration
- Cancellation of the inhibition on the land
- Awarding costs to the Applicant
Remedies
- Declaration of ownership
- Rectification of land registry
- Cancellation of inhibition
- Costs awarded to the Applicant
Authorities cited
Legislation (2)
- Land Registration Act
- Law of Succession Act
Cases cited (2)
- Republic V Chief Land Registrar & 3 Others (2014) eKLR
- Godfrey N. Nyaga V Margaret W. Theuri & 3 Others (2015) eKLR
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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