Kasikar Loitareng v Limanyang Loitareng [2020] KEELC 3320 (KLR)
- Court
- Environment & Land Court
- Case number
- 3320
- Citation
- [2020] KEELC 3320 (KLR)
- Decided
- 3 March 2020
The plaintiff is the absolute proprietor of the suit property and is entitled to protection of the title as provided for under the Land Registration Act No. 3 of 2012. The issue of trust does not arise. The defendant is not a trespasser on the suit land.
Facts
The plaintiff, Kasikar Loitareng, claims to be the sole legal and registered owner of a parcel of land known as WEST POKOT/KAPSANGAR/200. The defendant, Limanyang Loitareng, disputes this and claims the land is family property. The plaintiff alleges the defendant trespassed on the land and built structures thereon.
Issues
- Who is the proprietor of L.R. No. WEST POKOT/KAPSANGAR/200.
- Is the plaintiff holding the suit property in trust for the defendant?
- Whether the defendant is trespassing on the suit property.
- Is the plaintiff entitled to the reliefs sought?
Reasoning
The plaintiff's title deed was issued when his father was alive, and the defendant did not produce any document to counter the plaintiff's evidence. The defendant failed to prove the land was family property.
Outcome
The plaintiff's claim for eviction and costs is upheld.
Orders
- The defendant is ordered to vacate the suit property and remove any structures built thereon.
Remedies
- Costs of the suit and interest at court rates.
Authorities cited
Legislation (2)
- Land Registration Act, 2012
- Evidence Act, 2012
Cases cited (4)
- Section 26 Land Registration Act, 2012
- Section 24 Land Registration Act, 2012
- Section 25 (1) Land Registration Act, 2012
- Section 107 (1) Evidence Act, 2012
Loading judgment…