Isaac Mokaya Munde v Kennedy Omomanyi Ongeri & another [2020] KEELC 3141 (KLR)
- Court
- Environment & Land Court
- Case number
- 3141
- Citation
- [2020] KEELC 3141 (KLR)
- Decided
- 6 March 2020
The court held that the Respondent had no title to the suit property and dismissed the suit.
Facts
The Appellant, Isaac Mokaya Munde, was sued by the Respondent, Kennedy Omomanyi Ongeri, for trespassing on plot no. 43C at Kebirigo market. The Appellant denied the claim and filed a counterclaim against the Respondent, alleging fraud and seeking a declaration that the Respondent's actions were null and void.
Issues
- Whether the court had jurisdiction to hear the suit
- Whether plot no. 43C was lawfully created out of land parcel No. WEST MUGIRANGO/BONYAMATUTA/841 and if so, if it belongs to the Respondent
- Whether the Appellant is a trespasser on plot No 43C
Reasoning
The court found that the Town Council of Nyamira did not have the authority to subdivide the land, and the evidence showed that the land was still intact. The court also noted that the Appellant had a plot card but no letter of allotment or certificate of lease, indicating that he could not have passed title to the Respondent.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Government Land Act (repealed)
- Local Government Act (repealed)
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