Paul Kamura Kirunge v John Peter Nyaga [2021] KEELC 1886 (KLR)
- Court
- Environment & Land Court
- Case number
- 1886
- Citation
- [2021] KEELC 1886 (KLR)
- Decided
- 24 September 2021
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Senior Principal Magistrate's CourtCoramL. GACHERU
The Court finds that the Respondent, John Peter Nyaga, is the absolute and indefeasible owner of the suit property and is entitled to all rights and privileges appertaining to the property.
Facts
The Plaintiff, John Peter Nyaga, claimed ownership of the subject land and sought an eviction order, damages, and the return of the original title deed. The Defendant, Paul Kamura Kirunge, denied the allegations and claimed possession of the land.
Issues
- Ownership of the subject land
- Customary trust
Reasoning
The Court determined that the Respondent bought the suit property with his own proceeds and thus holds the land in his absolute ownership.
Outcome
The Appellant's appeal is dismissed and the trial court's judgment is upheld.
Orders
- Eviction of the Appellant from the suit property
- Return of the original title deed
Remedies
- Damages for illegal occupation
- Costs of the suit
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