Oduor (Suing as a legal representative of the Estate of Charles Evans Omondi - Deceased) v Ogone & 3 others (Environment and Land Civil Miscellaneous Application E025 of 2023) [2024] KEELC 5236 (KLR) (11 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5236
- Citation
- [2024] KEELC 5236 (KLR)
- Decided
- 11 July 2024
Summary at a glance
TypeCivil Miscellaneous ApplicationPostureApplication for extension of time to appeal and stay of executionCoramSO OKONG'O
The application is dismissed with costs to the 1st respondent.
Facts
The applicant, Janet Adiambo Oduor, sought a declaration that the suit property belonged to her deceased son, Charles Evans Omondi, and an injunction against the 1st respondent, Robert Obiero Ogone, who had registered the property in his name. The 1st respondent claimed he purchased the property from Robert Obiero Ojal, who was the first registered owner.
Issues
- Fraudulent acquisition of the suit property
- Innocent purchaser defense
- Evidentiary burden of proof
Reasoning
The court found that the applicant failed to prove fraud and that the 1st respondent was an innocent purchaser. The court also noted the applicant's lack of interest in the matter and the absence of evidence showing the applicant's deceased husband and son had an interest in the property.
Outcome
Application dismissed
Orders
- Application for extension of time to appeal denied
- Application for stay of execution of judgment denied
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