[2014] KEHC 3020 (KLR)

[2014] KEHC 3020 (KLR)

The court found that the suit land, Samia/Wakhungu – Odiado/498, did not exist at the time the suit was filed, as it had already been subdivided into parcels 1558 and 1559. The plaintiff failed to amend her pleadings to reflect the correct land reference. As a result, the court could not grant the orders sought, since it cannot adjudicate over non-existent property or property not properly pleaded. The suit was therefore dismissed on a technicality, with no orders as to costs.

Citation
[2014] KEHC 3020 (KLR)
Parties
Plaintiff: M A O; Defendant: O E
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
17 July 2014
Case Number
Environment & Land Case 49 of 2013
Procedural Posture
Land Case / Judgment
Outcome
suit dismissed
Legal Topics
Matrimonial Property, Land Registration, Subdivision of Land
Source Language
English
Land and Property Matrimonial Property Land Registration Subdivision of Land

Case Brief

Summary, issues, holding and outcome

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Parties

M A O

Plaintiff

O E

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order for subdivision and transfer of 7.5 acres from the suit land by virtue of being the defendant's wife.
  2. 2 Whether the suit land, as pleaded, existed at the time of filing the suit and whether the pleadings were properly amended to reflect the correct land reference.

Ratio Decidendi

The court found that the suit land, Samia/Wakhungu – Odiado/498, did not exist at the time the suit was filed, as it had already been subdivided into parcels 1558 and 1559. The plaintiff failed to amend her pleadings to reflect the correct land reference. As a result, the court could not grant the orders sought, since it cannot adjudicate over non-existent property or property not properly pleaded. The suit was therefore dismissed on a technicality, with no orders as to costs.

Court Disposition

suit dismissed

Orders

  • The plaintiff's suit is dismissed.
  • There shall be no orders as to costs.