Onditi v Nyaruri & another (Environment & Land Case 44 of 2020) [2024] KEELC 5859 (KLR) (23 August 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5859
- Citation
- [2024] KEELC 5859 (KLR)
- Decided
- 23 August 2024
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramA OMBWAYO, J
The court found that the plaintiff Jason Nyaruri Onditi is the rightful owner of the land Njoro/Ngata Block 2/1613 (Kiboron 'A') and ordered the cancellation and rectification of the title issued to the defendant Abel Hayora Nyaruri.
Facts
The plaintiff, Jason Nyaruri Onditi, claims ownership of land known as Njoro/Ngata Block 2/1613 (Kiboron 'A') which was registered in his name on August 25, 2010. The defendant, Abel Hayora Nyaruri, claims the land belongs to him and disputes the plaintiff's claim. The land was previously registered in the name of Agnes Chepkeiyo Chemngorem and later in the name of Jason Nyaruri Onditi.
Issues
- Whether Beatrice Bonchere Nyaruri had the capacity to institute this suit on behalf of the plaintiff
- Ownership of the land Njoro/Ngata Block 2/1613 (Kiboron 'A')
Reasoning
The court considered the evidence and submissions and determined that the plaintiff had the authority to institute the suit and that the land belongs to him.
Outcome
In favor of the plaintiff
Orders
- Cancellation and rectification of the title issued to the defendant Abel Hayora Nyaruri
- Permanent injunction restraining the defendant from interfering with the plaintiff's possession of the land
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