Orwenyo v Ngovu & 2 others (Environment & Land Case 677 of 2012) [2025] KEELC 2884 (KLR) (20 March 2025) (Judgment)

Facts

Orwenyo purchased Plot No.40 within L.R No.6845/67/40 located at Utawala area within the City of Nairobi from the Urutagwo Mwiruti Women Group in 2005. The group later sold the land to David Gacheru Ngovu, who is now the 1st Defendant. The Plainti commenced development on the land, but the 1st Defendant visited the site and found a temporary structure being built.

Issues

1. Whether the Plainti is the rightful owner of the suit land and if so, whether the 1st Defendant can be held liable for damages incurred as a result of actions taken by the Plainti

Reasoning

The court found that the Plainti entered into a valid land sale agreement with the 2nd Defendant and paid the purchase price. The 1st Defendant's claim of ownership was not supported by evidence.

Outcome

The court ordered the 1st Defendant to pay damages to the Plainti and ordered the 2nd and 3rd Defendants to refund the purchase price of the property adjusted to reflect the current market rate.