SOLOMON MEME MUTHAMIA vs NTAARI KABUTURA & LAND ADJUDICATION OFFICER MERU [2001] KEHC 655 (KLR)
- Court
- High Court of Kenya
- Case number
- 655
- Citation
- [2001] KEHC 655 (KLR)
The court held that the second defendant (Land Adjudication Officer Meru) is entitled to compensate the plaintiff for the loss of the suit property measuring 29.4 acres, and entered a judgment for the plaintiff in the sum of KShs.3,237,000.
Facts
The plaintiff, Solomon Meme Muthamia, claimed ownership of land (KIBIRICHIA/NTUMBURI/327) measuring 29.40 acres based on a 1974 sale agreement with the first defendant, Ntaari Kabutura. The plaintiff testified that he paid Shs.1,000 for the land, and the first defendant signed the agreement. The first defendant denied the sale and claimed he had leased the land to the plaintiff for Shs.1,000 per year.
Issues
- Validity of the 1974 sale agreement
- Ownership of the land
Reasoning
The court found the sale agreement valid and ordered the second defendant to compensate the plaintiff for the land's current market value.
Outcome
Appeal upheld, judgment for the plaintiff in the sum of KShs.3,237,000
Orders
- A valuation report of the suit property was filed within thirty days
- Judgment for the plaintiff in the sum of KShs.3,237,000 against the second defendant
- The second defendant is ordered to pay the costs of the suit
Remedies
- Compensation for the loss of the land
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