Tonje v Chepyegon & 11 others (Environment & Land Case 168 of 2016) [2023] KEELC 895 (KLR) (16 February 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 895
- Citation
- [2023] KEELC 895 (KLR)
- Decided
- 16 February 2023
The 1st Defendant is entitled to two plots measuring 50x100 for which he fully paid. The Plainti’s claim against the 2nd to 12th Defendants is allowed in terms of prayers (a) (b) and (c) of the plaint. The 1st Defendant shall transfer two plots measuring 50x100 to the 1st Defendant.
Facts
Kezia Talai Tonje sold land to the 1st Defendant in 1996. John Bartinga Tonje sold land to the 5th, 8th, and 10th Defendants. The 1st Defendant claims to have purchased land from Kezia Talai Tonje.
Issues
- Did Kezia Talai Tonje sell land to the 1st Defendant?
- Did John Bartinga Tonje have authority to sell land to the Defendants?
- Which order should be made on costs?
Reasoning
The court found that Kezia Talai Tonje sold land to the 1st Defendant and that John Bartinga Tonje had no authority to sell land to the Defendants. The 1st Defendant fully paid for the land.
Outcome
The 1st Defendant is entitled to two plots measuring 50x100 and the Plainti’s claim against the 2nd to 12th Defendants is allowed.
Orders
- The 1st Defendant is entitled to two plots measuring 50x100 and the Plainti’s claim against the 2nd to 12th Defendants is allowed.
- The 1st Defendant shall transfer two plots measuring 50x100 to the 1st Defendant.
- The Plainti should transfer two plots measuring 50x100 to the 1st Defendant.
Remedies
- Costs of the counter-claim for the 1st Defendant.
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