Odira v Mwai & another (Environment and Land Appeal E007 of 2021) [2023] KEELC 17159 (KLR) (27 April 2023) (Judgment)

Summary at a glance

Facts

The 1st respondent, Sipriano Odira Mwai, claimed that the appellant, Bonface Odhiambo Odira, fraudulently transferred the entire land parcel No Kanyada/Kalanya/6360 to himself. The 1st respondent alleged that the transfer was made by mistake and without his consent.

Issues

• Whether the learned trial magistrate completely misapprehended the law and the circumstances of the case
• Whether the learned trial magistrate erred in law and misdirected himself as relates and/or in the interpretation of the provisions of Section 26 of the Land Registration Act, 2012

Reasoning

The court found that the 1st respondent had proved his case against the appellant and the 2nd respondent, and the learned magistrate's findings were in accordance with the evidence and relevant legal principles.

Outcome

Appeal dismissed

Orders

• Judgment for the 1st respondent against the appellant and the 2nd respondent
• Revocation of the title deed of land parcel No Kanyada/Kalanya/6360
• Rectification of the register to cancel the name of the 1st defendant and replace it with that of the 1st respondent

Remedies

• Costs of the appeal and of the lower court to be granted to the appellant

Authorities cited