George Otieno Akoth v Teresa Anyango Otieno [2021] KEELC 2148 (KLR)
- Court
- Environment & Land Court
- Case number
- 2148
- Citation
- [2021] KEELC 2148 (KLR)
The court finds that there is evidence of an overt willingness by the seller to transfer the property to the respondent. The appellant failed to prove fraud and did not avail evidence of unprocedural transfer. The court dismisses the appeal.
Facts
The appellant claimed that his deceased father sold a parcel of land to Moses Onyango Opondo, but Moses Onyango Opondo erroneously gave the land to the respondent. The respondent claimed she legally purchased the land from the deceased father and planted sugar cane on it.
Issues
- Whether the process of transferring the land was proper
- Whether the appellant proved fraud
- Whether the Land Control Board's consent was necessary
Reasoning
The court evaluates the evidence and finds that the seller's willingness to transfer the land negates an allegation of fraud. The appellant did not prove unprocedural transfer and failed to avail evidence of fraud.
Outcome
Appeal dismissed
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