Simon v Simon (Environment and Land Appeal 34 of 2021) [2023] KEELC 20195 (KLR) (20 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 20195
- Citation
- [2023] KEELC 20195 (KLR)
- Decided
- 20 September 2023
The Appellant's appeal is upheld, and the eviction order is set aside. The property known as L.R.No. Transmara/Shartuka/1584 is lawful and legally existing, and it is the registered and beneficial property of the Appellant.
Facts
The Appellant challenged the Trial Magistrate's judgment in Kilgoris Principal Magistrate's Court Environment & Land Court Case No. 29 of 2018, claiming that his title deed L.R.No. Transmara/Shartuka/1584 was valid and that he should not be evicted from the land.
Issues
- Validity of the Appellant's title deed
- Exhaustive consideration of evidence
- Interpretation of Land Registration Act
- Precedents set by Hon. Justice S. Okongo
- Eviction order issued by the Trial Magistrate
- Confusion in demarcation of Shartuka Group Ranch
Reasoning
The Court found that the Appellant's title deed was valid and that the confusion in demarcation of the Shartuka Group Ranch was caused by the 2nd demarcation, not the Appellant's title.
Outcome
Appeal allowed, eviction order set aside, property confirmed as Appellant's
Orders
- Set aside the order of eviction
- Property L.R.No. Transmara/Shartuka/1584 is confirmed as Appellant's
Remedies
- Property confirmed as Appellant's
- Costs of the Appeal and Trial Court proceedings borne by Respondent
Authorities cited
Legislation (2)
- Land Act, 2012
- Land Registration Act, No. 3 of 2012
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