Wafula (Suing as the Personal and Legal Representative of the Estate of the Late Henry Wafula Masibayi Deceased) v Masinde (Environment and Land Appeal E017 of 2022) [2023] KEELC 18897 (KLR) (17 July 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18897
- Citation
- [2023] KEELC 18897 (KLR)
- Decided
- 17 July 2023
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a judgment dismissing a suit for a permanent injunction and refundCoramEC CHERONO, Gikonyo
The appeal is dismissed without merit
Facts
Henry Wafula Masibayi filed a suit against Richard Wafula Masinde seeking an injunction and refund of a plot of land. Masinde denied the claim and alleged the sale was illegal.
Issues
- Whether the appellant was entitled to a permanent injunction
- Whether the sale agreement was illegal
Reasoning
The court found the sale agreement to be illegal due to the deceased's property being registered in the respondent's name, and the sale was in violation of the Succession Act.
Outcome
Appeal dismissed
Authorities cited
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