Owange & 3 others v Matengo (Environment and Land Appeal E039 of 2024) [2026] KEELC 231 (KLR) (22 January 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 231
- Citation
- [2026] KEELC 231 (KLR)
- Decided
- 22 January 2026
The court found in favor of the respondent, declaring that the suit land and the hived portions belong to the plaintiff and ordering the revocation of titles held by the appellants.
Facts
The appellants were sued by the respondent for unlawfully and fraudulently causing portions of the respondent's land to be hived off and registered in their names. The appellants denied these allegations and claimed that the suit lands were registered in the names of other persons as a result of a lawful land adjudication process.
Issues
- Whether the respondent's claim was subject to the provisions of the Land Adjudication Act
- Capacity of the appellants to be sued
Reasoning
The court found no evidence that the suit lands were still subject to the provisions of the Land Adjudication Act and that the appellants were not the rightful owners of the hived portions.
Outcome
Appeal dismissed, judgment affirmed
Orders
- Declaration that the suit land and hived portions belong to the plaintiff
- Revocation of titles held by the appellants
- Permanent injunction against the appellants
Remedies
- Declaration
- Revocation of titles
- Permanent injunction
Authorities cited
Legislation (1)
- Land Adjudication Act
Cases cited (1)
- Selle & Another vs Associated Motor Boat Company Limited and Others [1968] EA 123
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