Sabore v Wanene & another (Environment & Land Case 19 of 2021) [2024] KEELC 5336 (KLR) (11 July 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5336
- Citation
- [2024] KEELC 5336 (KLR)
- Decided
- 11 July 2024
Summary at a glance
TypeLand SuitPostureAppeal from the original trialCoramLC KOMINGOI
The court finds prima facie evidence of questionable transactions and procedural irregularities.
Facts
The plaintiff claims that the defendant fraudulently obtained and transferred property Kajiado/Kaputiei North/2904, subdivided it into parcels, and sold some to third parties. The plaintiff lost the original title deed in 1996 and did not receive a new one despite filing reports.
Issues
- Whether the plaintiff has discharged his burden in proving he is the owner of property Kajiado/Kaputiei North/2904.
- Whether the plaintiff has proved the allegation of fraud against the defendant.
- Whether the plaintiff is entitled to the orders sought.
- Who should bear costs of the suit.
Reasoning
The court considers the evidence and finds that the transactions on the suit property are questionable due to the missing title and the un-procedural nature of the sale and subdivision.
Outcome
The court will determine the entitlement to the orders sought and costs.
Authorities cited
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