Liyokho v Liyokho & another (Environment and Land Appeal 20 of 2021) [2022] KEELC 3831 (KLR) (21 July 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3831
- Citation
- [2022] KEELC 3831 (KLR)
- Decided
- 21 July 2022
Summary at a glance
TypeAppealPostureFirst AppealCoramE ASATI
The court found the evidence not conclusive on whether the suit land is ancestral land and the burden of proof lies with the appellant.
Facts
The appellant, Martin Ngaira Liyokho, claimed beneficial rights over the suit parcel, which he alleged was ancestral land given to him by his father, Charles Liyokho, the 1st respondent. The 1st respondent denied the claim and claimed the land was bought by him.
Issues
- Whether the suit land is ancestral land
- Whether the 1st respondent has a responsibility under customary law as a trustee for the appellant and his siblings
Reasoning
The court considered the evidence and found it not conclusive on whether the suit land is ancestral land. The appellant must prove the land is ancestral land.
Outcome
Appeal dismissed
Authorities cited
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