Nyangwara v Nyamboga & 2 others (Environment and Land Appeal 6 of 2021) [2023] KEELC 15737 (KLR) (21 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15737
- Citation
- [2023] KEELC 15737 (KLR)
- Decided
- 21 February 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Chief Magistrate's Court at KisiiCoramMUNYAO SILA
The application for review and setting aside the judgment and consequential orders was dismissed.
Facts
The appellant, James Nyangwara, claimed to be the registered owner of the land parcel Central Kitutu/Mwamosioma/3262 (the suit land). He alleged that the respondents, Lukas Nyamboga and Zachary Nyambega Manyisa, trespassed into his land. The respondents admitted that Nyangwara was the registered proprietor but claimed he obtained registration illegally from James Maobe Manyinsa, who was holding the land in trust for the respondents.
Issues
- Whether the respondents trespassed into the suit land
- Whether Nyangwara obtained registration of the suit land illegally
Reasoning
The court found that the respondents did not trespass and that Nyangwara obtained registration legally.
Outcome
The appeal was dismissed.
Orders
- Spent (certification of urgency)
- Spent (interim orders pending hearing of the application)
- Review and set aside the judgment given on 17 July 2022 and all consequential orders arising therefrom
- Take the Land Registrar’s evidence afresh
- Grant any other relief deemed fit and just in the circumstances
- Provide for the costs of the application
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