Ogutu & another v Tamia (Environment and Land Appeal 17 of 2021) [2023] KEELC 72 (KLR) (19 January 2023) (Judgment)

Summary at a glance

Facts

The respondent alleged that the 1st appellant fraudulently sold a portion of the suit property to the 2nd appellant, who had subdivided it. The 1st appellant sold part of the property to the 2nd appellant after gaining title to the suit property.

Issues

• Whether the learned magistrate erred in law and fact by considering irrelevant and extraneous factors
• Whether the learned magistrate erred in fact by failing to appreciate that the suit property had been subdivided and sold to third parties
• Whether the learned magistrate erred in law and fact by considering adverse possession

Reasoning

The court found that the 1st appellant did not plead adverse possession and that the suit property had been subdivided and sold to third parties, making the ground of adverse possession inapplicable.

Outcome

Appeal dismissed

Authorities cited