Brenda Nelima Kimungui & 3 others v Stephen Lumbasi Kuyi & another [2021] KEELC 4267 (KLR)
- Court
- Environment & Land Court
- Case number
- 4267
- Citation
- [2021] KEELC 4267 (KLR)
- Decided
- 23 February 2021
The court held that the 1st defendant's registration of the suit property was lawful and that the plaintiffs have no valid claim to the property.
Facts
The plaintiffs are the legal representatives of the estate of the late Isaac Kuyi, who was the father of the 1st plaintiff and husband of the 2nd plaintiff. The 1st defendant, Stephen Lumbasi Kuyi, is the current registered proprietor of the suit property (LR NO KIMILILI/KIMILILI/2159). The suit property was acquired by the late NAMAKA and ZEPHANIA WASIKE for their first-born children, the 1st defendant and CHRISTOPHER MASIBO WASIKE, and later subdivided. The plaintiffs claim the 1st defendant's registration of the suit property was unlawful.
Issues
- Whether the 1st defendant's registration of the suit property was unlawful
- Ownership of the suit property
Reasoning
The court found that the plaintiffs did not contribute to the purchase of the suit property and that the 1st defendant developed the property with the consent of the family. The court also noted that the plaintiffs have their own land parcels and have not stayed on the suit property.
Outcome
Affirmed
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