Protus Oduor Malala v Wanyangu Livingstone Onjala [2020] KEELC 465 (KLR)

Facts

The appellant and respondent are in dispute over the ownership of land parcel N/Wanga/Namamali/1598. The respondent claims to have obtained title to the land through a succession process, while the appellant disputes this and claims the respondent received a refund of the purchase price.

Issues

1. Whether the payment to DW3 by the deceased Lawrence Mubatsi Kundu was a refund of the consideration earlier paid by the respondent.
2. Whether the respondent obtained a title deed to L.R. No. North Wanga/Namamali/1598.
3. Whether the respondent obtained title to L.R. No. North Wanga/Namamali/1598 illegally.
4. Whether the respondent established a case for issuance of a permanent injunction against the appellant with regard to L.R. No. North Wanga/Namamali/665.

Reasoning

The court finds that the respondent proved his case on a balance of probabilities and that any subsequent sale of the land was fraudulent. The court also notes that the respondent's title was obtained through a lawful succession process.

Outcome

Appeal dismissed with no orders as to costs.

Authorities cited