Okwach v Kili (Environment and Land Appeal E034 of 2023) [2025] KEELC 127 (KLR) (23 January 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 127
- Citation
- [2025] KEELC 127 (KLR)
- Decided
- 23 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment and decree of Hon. K. Cheruiyot(SPM) in Kisumu CMC ELC No. E078 of 2022CoramMs., SO OKONG'O
Holding
The court found that the fraudulent creation of Plot No. 2801 and its subsequent subdivision into Plot No. 2891 were not supported by evidence and were illegal.
Facts
The Appellant claimed that the Registry Index Map (RIM) was fraudulently amended, creating a new parcel of land (Plot No. 2801) that encroached on the suit property. The Respondent claimed ownership of Plot No. 2891, a subdivision of Plot No. 2801.
Issues
- Ownership of the suit property and Plot No. 2801
- Fraudulent creation and alteration of the RIM
Reasoning
The court evaluated the evidence and found that the Appellant's allegations were not substantiated, leading to the conclusion that the Respondent owned Plot No. 2891.
Outcome
Affirmed
Authorities cited
Cases cited (3)
- Kenya Ports Authority v. Kuston (Kenya) Limited [2009] 2EA 212
- Makube v. Nyamuro[1983] KLR 403
- Phoenix of E. A. Assurance Company Limited v. S.M. Thiga T/A Newspaper Service [2019] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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