Peter (Suing on her Behalf and on Behalf of the Late Peterson Muli Mbevi (Deceased)) v Mutevu (Sued in his Name and as a Personal Representative of the Estate of the Late Mutevu Kyeva (Deceased); Malua & another (Interested Parties) (Environment and Land Case E023 of 2021) [2025] KEELC 7390 (KLR) (30 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7390
- Citation
- [2025] KEELC 7390 (KLR)
- Decided
- 30 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramEO OBAGA
Holding
The court dismissed the Plaintiff's claims and granted the Defendant's counterclaim.
Facts
The Plaintiff seeks a declaration of ownership and transfer of land parcel No. Ukia/Utaati/227, which she claims was sold to her family by the late Nzuli Kyeva, Mbuli Nzuli, and Priscilla Betty Malua. The Defendant counters with a counterclaim.
Issues
- Validity of the sale agreement
- Adverse possession
- Locus standi
- Trespass
- Permanent injunction
- Mesne profits
Reasoning
The court found the sale agreement to be a sham and the Plaintiff's claim for ownership was barred by the Limitation of Actions Act. The court also ruled against the Plaintiff on the other issues.
Outcome
Appeal dismissed
Orders
- To revoke the certificate of title for land Parcel No. Ukia/Utaati/227 registered in the name of the Defendant's only.
- To compel the Defendants jointly and severally to transfer the portion of land Parcel No. Ukia/Utaati/227 to the Plainti ensuring to make provision for necessary access roads.
Authorities cited
Legislation (1)
- Limitation of Actions Act
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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