Okinyi v Ochieng & 2 others (Environment and Land Appeal E025 of 2021) [2022] KEELC 13368 (KLR) (30 September 2022) (Judgment)

Summary at a glance

Facts

Henry Michael Ochieng filed a suit against Joseph Okinyi and the Catholic Church, claiming he was the registered owner of land parcels Kisumu/Fort Ternan 495 and 497. He alleged he intended to donate 8 acres to the Catholic Church and sell 24 acres for Kshs 1,200,000, but the transaction was halted due to the priest's medical operation and trip abroad. Okinyi claimed he bought the land from Ochieng and had the title deeds.

Issues

• Whether the learned magistrate erred in law and fact in finding that Ochieng is the legitimate owner of land parcel number Kisumu/Fort Ternan 495.
• Whether the trial magistrate erred in fact and law in finding that Ochieng proved on a balance of probabilities allegations of fraud.

Reasoning

The court determined that the land was transferred to Okinyi without Ochieng's consent and that there was a discrepancy in the serial number of the transfer document. The court also noted that the deputy land registrar stated there was fraud on the transfer document.

Outcome

Appeal dismissed

Authorities cited