Okumbe v County Government of Siaya & 4 others (Environment and Land Appeal E004 of 2023) [2023] KEELC 22186 (KLR) (14 December 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 22186
- Citation
- [2023] KEELC 22186 (KLR)
- Decided
- 14 December 2023
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a judgment and decree of the Environment and Land CourtCoramAY KOROSS
The Appellant failed to prove that he acquired the suit property from the Deceased.
Facts
The Appellant, Dr. Joshua Abongo Okumbe, sued the County Government of Siaya and four other respondents for allegedly transferring ownership of the suit property (Plot No. 14 Wagusu Market) from him to the Deceased, his brother and son.
Issues
- Whether the Appellant acquired the suit property from the Deceased
- Burden of proof for the Appellant to prove acquisition of the suit property
Reasoning
The court found that the Appellant did not provide sufficient evidence to establish that he acquired the suit property from the Deceased. The burden of proof was on the Appellant to prove acquisition, which he failed to do.
Outcome
Appeal dismissed
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