Adriano Wesaya v Julias Nakaya Kabole (Environment & Land Case 5 of 2013) [2020] KEELC 308 (KLR) (15 December 2020) (Judgment)
- Court
- Environment & Land Court
- Case number
- 308
- Citation
- [2020] KEELC 308 (KLR)
- Decided
- 15 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePostureAppeal from a previous judgment dismissing the plaintiff's suit and granting the defendant's counterclaim.CoramN.A. MATHEKA
Holding
The defendant is the absolute and indefeasible owner of the suit land and has proved his counterclaim on a balance of probabilities.
Facts
The plaintiff claims that the defendant fraudulently subdivided and transferred part of his land to himself, while the defendant claims he bought the land and has been in continuous occupation.
Issues
- Ownership of land parcel No. Butsotso/Shikoti/6213
- Validity of the defendant's title deed
Reasoning
The court found that the defendant is an innocent purchaser for value and has not committed fraud. The plaintiff's claim of fraud was not supported by evidence.
Outcome
The plaintiff is ordered to vacate the land parcel No. Butsotso/Shikoti/6213 within six months and permanently restrained from entering the land.
Orders
- The plaintiff to vacate the land parcel No. Butsotso/Shikoti/6213 within six months.
- Permanent injunction restraining the plaintiff from entering the land.
- Each party to bear its own costs.
Remedies
- Vacation of the land parcel No. Butsotso/Shikoti/6213 by the plaintiff.
- Permanent injunction against the plaintiff's entry into the land.
Authorities cited
Legislation (2)
- Land Registration Act
- Elijah Makeri Nyangw’ra –vs- Stephen Mungai Njuguna & Another (2013) eKLR
Cases cited (1)
- Elijah Makeri Nyangw’ra –vs- Stephen Mungai Njuguna & Another (2013) 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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