Terer v Chumo (Environment & Land Case 494 of 2013) [2023] KEELC 17342 (KLR) (11 May 2023) (Judgment)

Summary at a glance

Facts

The plaintiff, Gedion Terer, claims to have lawfully acquired land parcel Nandi/Ndulele/1046 from the defendant, Abraham Kipruto Chumo, for Kshs. 1,000,000. The defendant disputes the payment and claims fraud. The plaintiff admits the transfer but denies fraud.

Issues

• Whether the plaintiff lawfully acquired the suit property from the defendant
• Whether the plaintiff's title is liable to be cancelled
• Whether the plaintiff is entitled to the reliefs sought in the Plaint
• Whether the defendant is entitled to the reliefs sought in the Counterclaim

Reasoning

The court determined that the plaintiff did not pay the full purchase price and did not obtain the required consent from the Land Control Board, thus his title is not valid.

Outcome

The plaintiff's claim is dismissed.

Orders

• A declaratory order that the plaintiff is not the lawful owner of L.R No. Nandi/Ndulele/1046
• A permanent injunction restraining the defendant from interfering with the suit property

Remedies

• An order for mesne profits to be assessed by the court
• Costs of the suit
• Interest

Authorities cited