ROMANUS ODHIAMBO OTIENO & PAMELA AWUOR OCHIENG v GEORGE OCHIENG OGONY (Civil Case 76’B’ of 2007) [2009] KEHC 18 (KLR) (12 October 2009) (Judgment)
- Court
- High Court of Kenya
- Case number
- 18
- Citation
- [2009] KEHC 18 (KLR)
- Decided
- 12 October 2009
The plaintiffs are the lawful registered proprietors of the suit property, Suna WEST/WASIMBETE/1305, and the defendant has no right over the same.
Facts
The plaintiffs purchased a portion of a parcel of land (SUNA WEST/WASIMBETE/855) from the joint registered proprietors, Ajwang Kathikiro and Akede Kathikiro, who had previously sold it to the plaintiffs. The defendant claimed the land was his and had a court decree from the Principal Magistrate's Court at Migori.
Issues
- Whether the plaintiffs acquired the suit land lawfully
- Whether the defendant has a right to the suit land
Reasoning
The plaintiffs acquired the suit land lawfully and the defendant's claim was based on a decree issued by a court that lacked jurisdiction.
Outcome
The plaintiffs are the lawful registered proprietors of the suit property, and the defendant is ordered to vacate the land within seven days.
Orders
- The defendant is ordered to vacate the suit land within seven days.
- The defendant is restrained from trespassing onto the suit land and interfering with the plaintiffs' occupation and enjoyment of the same.
Remedies
- Eviction order if defendant fails to vacate the land within seven days.
Authorities cited
Legislation (3)
- Registered Land Act
- Land Disputes Tribunals Act
- Minister of Lands (Appeals) Act
Cases cited (1)
- WAMWEA V. CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES [2003] KLR 389
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