Shakue Issa Ali v Mwanaisha Issa [2021] KEELC 2988 (KLR)

Summary at a glance

Facts

The plaintiff, Shakue Issa Ali, claims to own a plot of land known as MN/III/3842, CR 3337 at Mtwapa, which he acquired in 1992. The defendant, Mwanaisha Issa, built a single room extension and a pit latrine on the plot. The plaintiff and defendant had a dispute over the defendant's occupation of the plot, leading to a court mediation attempt which failed.

Issues

• Determination of the fair valuation of the residential house and pit latrine built by the defendant on the suit plot.
• Appointment of a joint independent valuer to value the structures.

Reasoning

The court considers the peculiar nature of the suit involving siblings unable to reach an amicable settlement, and directs the parties to agree on a valuer to determine the fair market value of the structures.

Outcome

The plaintiff and defendant are directed to appoint a joint independent valuer to value the structures within 60 days. If they fail, the Government Valuer will carry out the valuation within 120 days. The plaintiff will pay the amount arrived at in the valuation, and the defendant will vacate the plot.

Orders

• Appointment of a joint independent valuer within 60 days.
• Appointment of Government Valuer, Kilifi County within 120 days if parties fail to agree on a joint valuer.
• The plaintiff to pay the amount arrived at in the valuation.
• The defendant to vacate the plot upon receipt of payment.

Remedies

• Valuation of the structures built by the defendant on the suit plot.
• Payment of the amount arrived at in the valuation by the plaintiff.