Elijah Mburu Wanyoike v Regina Wanjiru Nganga & another [2020] KEELC 3306 (KLR)
- Court
- Environment & Land Court
- Case number
- 3306
- Citation
- [2020] KEELC 3306 (KLR)
- Decided
- 3 March 2020
The Plaintiff's suit is dismissed with no orders as to costs, but the Defendants' counterclaim is allowed in terms of prayers (a) and (b) only with no orders as to costs.
Facts
The Plaintiff, Elijah Mburu Wanyoike, claimed ownership of two land parcels (Gatamaiyu/Nyanduma 3330 and 3331) based on a sale agreement with Samuel Ndungu Nganga. The Defendants, Regina Wanjiru Nganga and Josephine Wanjiru Ndungu, contested the claim and sought to have the Plaintiff's suit dismissed with costs.
Issues
- Ownership of land parcels Gatamaiyu/Nyanduma 3330 and 3331
- Validity of the sale agreement
Reasoning
The Court found that the Plaintiff failed to prove his case on the required standard of balance of probability, while the Defendants partially proved their case.
Outcome
The Plaintiff's suit is dismissed with no orders as to costs, and the Defendants' counterclaim is allowed in terms of prayers (a) and (b) only with no orders as to costs.
Orders
- The initial subdivisions of LR.No.Gatamaiyu/Nyanduma/654 are cancelled and revoked
- The Defendants are each entitled to 0.87 acres from the initial parcel of land
Remedies
- The Plaintiff should obtain the equivalent of what he purchased from the late Samuel Ndungu Nganga from his estate
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
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