Wafula v Angweyi & 3 others (Environment and Land Case 68 of 2017) [2025] KEELC 7985 (KLR) (19 November 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7985
- Citation
- [2025] KEELC 7985 (KLR)
- Decided
- 19 November 2025
The plaintiff's suit is allowed, and an order of eviction shall issue to the defendants to voluntarily vacate the suit land within three months from the date of the judgment.
Facts
The plaintiff, Michael Wafula, claimed ownership of land parcel No. Kiminini/Matunda Block 10/Matunda/37, measuring 2.5 acres, which the defendants, David Ongeri Angweyi and three others, trespassed into without permission. The defendants denied ownership and claimed it belonged to the late father of the plaintiff, Francis Khisa Ndalila. The defendants also claimed quiet use and occupation of the land.
Issues
- Ownership of the land parcel
- Validity of the defendants' claim of ownership
Reasoning
The court found the defendants' claim of ownership to be false and fraudulent. The defendants did not conduct meaningful due diligence and had no legal estate in the land. The doctrine of innocent purchaser for value does not apply.
Outcome
The plaintiff's suit is allowed, and an order of eviction is issued.
Orders
- An order of eviction to the defendants to voluntarily vacate the suit land within three months from the date of the judgment
Remedies
- Costs and attendant expenses of the eviction shall be borne by the four defendants
Authorities cited
Cases cited (7)
- Faraj Maharus -vs- J. B. Martin Glass Industries & Others Civil Appeal No. 130 Of 2003 [2005] 2 KLR 289
- Sehmi & Another -vs- Tarabana Co. Ltd & Others [2025] KESC 21 [KLR] (11th April 2025)
- Torino Enterprises -vs- Attorney General [2023] KESC 79 [KLR]
- Dina Management Ltd -vs- County Government of Mombasa (supra)
- Said -vs- Shume & Others [2024] KECA 866 [KLR] (26th July 2024)
- General & another -vs- Hussein & 3 others (Civil Appeal 100 (ELD No. 32) of 2018) [2025] KECA 1022 (KLR) (5 June 2025)
- Daniel Toroitich Arap Moi -vs- Mwangi Stephen Muriithi & another [2014] KECA 642 (KLR)
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