MATHEW KIPROP MUTAI v MARY MORAA NYABWORI [2011] KEHC 2544 (KLR)
- Court
- High Court of Kenya
- Case number
- 2544
- Citation
- [2011] KEHC 2544 (KLR)
- Decided
- 8 April 2011
The court upholds the decision of the Olenguruone Land Disputes Tribunal and orders the applicant's eviction.
Facts
The applicant, Mathew Kiprop Mutai, claims to be the registered proprietor of the suit land (MOLO SOUTH/KERINGET BLOCK 4/111 (TINET)) which he acquired on 31st December, 2002. The respondent, Mary Moraa Nyabwori, claims to have purchased the land from Ezekiel Kigwa Milgo and returned to find it occupied by the applicant. The dispute was initially resolved by the Olenguruone Land Disputes Tribunal in favor of the respondent.
Issues
- Ownership of the suit land
- Validity of the applicant's claim
Reasoning
The court finds that the applicant has a prima facie case and that the status quo should be preserved pending the determination of the land's ownership.
Outcome
The applicant's claim is upheld, and he is ordered to vacate the suit land.
Orders
- Order for the applicant's eviction
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