Sarah Wanjiru & another v Njoki Njenga [2020] KEELC 3804 (KLR)
- Court
- Environment & Land Court
- Case number
- 3804
- Citation
- [2020] KEELC 3804 (KLR)
Summary at a glance
TypeAppealPostureFirst appeal from a judgment and decree of Hon. J. Mwaniki, PMCoramJ M Mutungi
The appeal is allowed, the judgment of the learned trial magistrate is set aside, and the 1st Appellant's suit is dismissed with costs.
Facts
Respondent claimed she was allocated plot No.320 by the 2nd Appellant, but the 1st Appellant had already purchased and registered the plot. The 1st Appellant was awarded the plot and the registration of the 1st Appellant as the owner of the plot was cancelled.
Issues
- Court's jurisdiction to entertain the matter
- Validity of the title deed issued to the 1st Appellant
Reasoning
The trial magistrate's finding was not supported by evidence and was considered plainly wrong. The 1st Appellant did not commit fraud, and the title issued to her cannot be annulled.
Outcome
Appeal allowed, judgment of the learned trial magistrate set aside
Orders
- Dismissal of the plaintiff/Respondent's suit with costs to the defendants/appellants
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…