Mary Njeri Njoroge v Benjamin Sironka Metoyu & another [2021] KEELC 1696 (KLR)
- Court
- Environment & Land Court
- Case number
- 1696
- Citation
- [2021] KEELC 1696 (KLR)
- Decided
- 6 October 2021
The Appellant is not entitled to the three acres of land as the transaction between her and the deceased was found to be void due to lack of consent from the Land Control Board.
Facts
The Appellant claims ownership of three acres of land from LOITOKTOK/NGAMA/2053 and LOITOKTOK/NGAMA/2054, which the Respondents claim she has trespassed on. The Appellant presented a 1993 sale agreement and evidence of electricity connection, while the Respondents denied the sale and claimed the land was connected to power without their knowledge.
Issues
- Whether the Appellant is entitled to the three (3) acres of land from LOITOKTOK/NGAMA/2053 and LOITOKTOK/NGAMA/2054 owned by the Respondents.
- Whether the Appeal is merited.
Reasoning
The trial Magistrate found that the Appellant had been on the suit land since 1993, but held that the transaction was void due to the lack of consent from the Land Control Board, which was not shown.
Outcome
Appeal dismissed
Orders
- Eviction orders to issue against the Defendant within 4 months from the date of the judgment
- Permanent injunction restraining the Defendant from entering the subject parcel of land, cutting trees, burning charcoal, cultivating, or interfering with the Plaintiffs' right of occupation, possession, and/or use of the parcels of land LOITOKTOK/NGAMA/2053 and LOITOKTOK/NGAMA/2054
Authorities cited
Legislation (1)
- Land Control Act, Cap 302
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