Charles Kavai Muasya & another v Isaac Katinda Kalyuki & 2 others [2021] KEELC 3165 (KLR)

Facts

The Plaintiffs claim that Land Title Number Kisau/Mukiwani/543 is part of the estate of Boniface Muasya Kalyuki, deceased, and seek a declaration that the land is registered solely in his name and a permanent injunction against the 1st and 2nd Defendants interfering with the land. The 2nd and 3rd Defendants deny the claim and assert that the Plaintiffs have no cause of action.

Issues

1. Ownership of Land Title Number Kisau/Mukiwani/543
2. Intermeddling with the Estate of Boniface Muasya Kalyuki
3. Trespass on the Suit Property

Reasoning

The court finds that the Plaintiffs have not satisfied the court that they have a cause of action against the 2nd and 3rd Defendants, and that the 1st Defendant neither entered appearance nor did he file his defence.

Outcome

Dismissal of the Plaintiffs' suit