Owuor v Ndeda & another (Suing as the Joint Administrators with Limited Grant of Letters of the Estate of Raphael Opell Kinda - Deceased) (Environment and Land Appeal 11 of 2021) [2022] KEELC 2795 (KLR) (5 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2795
- Citation
- [2022] KEELC 2795 (KLR)
- Decided
- 5 May 2022
The court found that the respondents did not prove their case to the required standard and that the transfer of the suit property was fraudulent. The court upheld the trial court's decision to cancel the appellant's title to the suit property.
Facts
The respondents alleged that the suit property was illegally subdivided by their deceased brother Gabriel Aloma Opell and the appellant from the original parcel of land known as Siaya/Obambo/1437, registered in the name of their deceased father Raphael Opell Kinda. The appellant disputes this and claims he acquired the property legally.
Issues
- Whether the trial court erred in finding that the respondents did not prove their case to the required standard and arrived at a wrong conclusion.
- Whether the trial court erred in cancelling the appellant's title to the suit property.
Reasoning
The court relied on the provisions of the Evidence Act and the Law of Succession Act to determine that the respondents failed to prove the impropriety against the appellant and Gabriel. The court also found that the appellant obtained title from a fraudulent person who had no capacity to transfer the suit property to him.
Outcome
Appeal dismissed
Orders
- Cancellation of the appellant's title to the suit property
Authorities cited
Legislation (3)
- Evidence Act
- Law of Succession Act
- Land Registration Act
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