Ouko ((Suing as the Administratrix (ad litem) of the Estate of Ouko Angolo alias Grison Ouko Angolo)) v Full Gospel Churches of Kenya (Environment and Land Appeal 2 of 2021) [2023] KEELC 513 (KLR) (7 February 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 513
- Citation
- [2023] KEELC 513 (KLR)
- Decided
- 7 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from a judgment of the trial courtCoramGMA ONGONDO, J
Holding
The court finds that the appellant failed to prove that the respondent is a trespasser on the suit land and dismisses the appeal with costs to the respondent.
Facts
The appellant, Helida Achieng Ouko, is the administratrix of the estate of deceased Grison Ouko Angolo. The deceased donated a piece of land (L.R. No. WK/WAG1/44) to the respondent, Full Gospel Churches of Kenya, in 1980. The appellant claims the land was donated to her, and she is seeking to evict the respondent from the land.
Issues
- Whether the appellant proved her case on a balance of probability in the court below.
- Whether the alleged donation of suit land met the threshold of gift inter vivos.
- Whether the appeal has merit.
Reasoning
The court held that the appellant did not prove the respondent trespassed on the land and that the claim is statute barred. The court also noted that the appellant's claim was driven by ill motives.
Outcome
Appeal dismissed with costs to the respondent
Orders
- The instant appeal lodged by way of a memorandum of appeal dated March 3, 2020 and duly filed on March 4, 2020 is hereby dismissed with costs to the respondent.
Authorities cited
Legislation (1)
- Evidence Act, Chapter 80 Laws of Kenya
Cases cited (4)
- Ahmed Mohammed Noor –vs- Abdi Aziz Osman (2019) eKLR
- In re Estate of Chepkwony Arap Rotich (Joel Kipngeno Chepkwony and another –vs- Wesley Lelei Chepkwony) (2018) eKLR
- Combe v. Combe [1951] 2 K.B. 215
- Twalib Hatayan & another v Said Saggar Ahmed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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