Malewa Farmers Co-operative Society Ltd v Settlement Fund Trustees & 4 others [2021] KEELC 2181 (KLR)
- Court
- Environment & Land Court
- Case number
- 2181
- Citation
- [2021] KEELC 2181 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment dismissing the Appellant's suitCoramY. M. ANGIMA, ELC JUDGE
Holding
The appeal is allowed, the judgment and decree of the trial court is set aside, and the Appellant's suit is allowed in terms of the amended plaint.
Facts
The Appellant claimed ownership of parcel No. Nya/Malewa/173, alleging fraud by the Respondents in obtaining registration of the property in their names. The Appellant had previously been allocated the property in 1969 and had constructed a cattle dip on it.
Issues
- Whether the trial court erred in law and fact in holding that the Appellant had failed to prove fraud against the Respondents.
- Whether the trial court erred in law in holding that the Appellant had failed to prove its claim against the Respondents.
Reasoning
The court found that the Respondents knowingly employed deceitful means to obtain registration of the suit property in 2014, contrary to the Appellant's long-standing claim and possession of the property.
Outcome
Appeal allowed
Orders
- Judgment and decree of the trial court is set aside
- Appellant's suit is allowed in terms of prayers (a), (b), (c), (d), and (e) of the amended plaint
- Appellant is awarded costs of the appeal to be borne by the 3rd-5th Respondents jointly and severally
Authorities cited
Cases cited (2)
- KibiroWagoroMakumi v Francis NduatiMacharia and Another [2018] eKLR
- Selle& Another v Associated Motor Boat Co. Ltd & Others [1968] EA. 123
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…