Okara v Mwanzia & another (Environment & Land Case 967 of 2017) [2024] KEELC 4935 (KLR) (24 June 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4935
- Citation
- [2024] KEELC 4935 (KLR)
- Decided
- 24 June 2024
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramMN GICHERU
The court declares that the land belongs to the plaintiff. The transfer of the land to the 1st defendant was lawful. The consent of the Land Control Board is valid.
Facts
The plaintiff, Peter Riechi Okara, seeks a declaration that the land LR No. Kajiado/Olchoro- Onyore/3272 belongs to him. The defendants, Francis Nyamai Mwanzia and the Land Registrar, contested the claim.
Issues
- Ownership of the land LR No. Kajiado/Olchoro- Onyore/3272
- Validity of the transfer of the land to the 1st defendant
- Consent of the Land Control Board
Reasoning
The court found that the plaintiff signed the transfer form dated 3/9/2001 and that the 1st defendant paid for the plaintiff on his own. The court also found that the plaintiff and the 1st defendant were friends, and the plaintiff approached the 1st defendant for a loan on 27/9/2001.
Outcome
The plaintiff's claim is upheld.
Orders
- The 2nd defendant is directed to recall and revoke the title deed issued in favour of the 1st defendant on the suit land and issue it in favour of the plaintiff.
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