Christopher Okello Owino v Paul Otieno Ogolla & 2 others [2021] KEELC 8 (KLR)
- Court
- Environment & Land Court
- Case number
- 8
- Citation
- [2021] KEELC 8 (KLR)
- Decided
- 1 October 2021
The Appellant’s counterclaim was not supported by evidence, and the transfer of land parcel UHOLO/SIGOMERE/951 was not valid due to lack of written contract and Land Control Board consent.
Facts
The Appellant claims that the land parcel UHOLO/SIGOMERE/951 was transferred to him by the estate of the deceased SHADRACK ADALA OGOLA. The 2nd and 3rd Respondents subdivided and transferred land parcel UHOLO/SIGOMERE/951 into UHOLO/SIGOMERE/1182 and UHOLO/SIGOMERE/1183. The Appellant counters that the transfer was not in writing and that the 2nd and 3rd Respondents did not obtain Land Control Board consent.
Issues
- Whether the transfer of land parcel UHOLO/SIGOMERE/951 was valid.
- Whether the Appellant’s counterclaim was valid.
- Whether the trial magistrate failed to appreciate the Land Disputes Tribunal’s ruling.
- Whether the 2nd and 3rd Respondents had legal capacity to subdivide and transfer land.
- Whether the trial failed to consider the Appellant’s counterclaim.
Reasoning
The court found that the Appellant did not meet the threshold of Section 3(3) of the Law of Contract Act, and that no Land Control Board consent was obtained for the subdivision and transfer of land parcel UHOLO/SIGOMERE/951.
Outcome
The appeal is dismissed.
Orders
- The Appellant’s counterclaim is dismissed.
- The transfer of land parcel UHOLO/SIGOMERE/951 is declared void.
Remedies
- A declaration that a resulting trust, constructive or otherwise, would arise in favor of the Plaintiff over all that parcel of land known as UHOLO/SIGOMERE/951 (ORIGINAL) on UHOLO/SIGOMERE/1183.
- General Damages.
Authorities cited
Legislation (4)
- Law of Control Act
- Land Control Act
- Land Registration Act
- Development and Use of Land (Planning) Regulations, 1961
Cases cited (1)
- DAVID SIRONGA OLE TUKAI VS FRANCIS ARAP MUGE AND 3 OTHERS C.A CIVIL APPEAL NO. 76 OF 2014 (NAIROBI)
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