[2025] KECPT 375 (KLR)

[2025] KECPT 375 (KLR)

The Tribunal found that the Claimant and the 1st Respondent were both members of the 3rd Respondent, but the evidence, including the taskforce report and transfer documents, established that plot number 3076 was allocated to the Claimant's group (J. Kima) and subsequently transferred to the Claimant. The Respondents failed to produce credible evidence of a valid transfer from the 1st Respondent to the 2nd Respondent's alleged sister, nor any documentation linking her to the 3rd Respondent or the plot. The purported transfer forms were unsigned and not binding, and there was no proof of grant of administration to the estate of the deceased. The Tribunal concluded that the Claimant's case...

Citation
[2025] KECPT 375 (KLR)
Parties
Applicant: Joseph Mutua Muinde; Respondent: Richard Makau; Respondent: Leonard Munyao Kamba; Respondent: Katelembo Athian Muputu Faming And Ranching Co-Operative Society
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Tribunal Case 554/E732 of 2023
Procedural Posture
Tribunal Land Claim / Judgment
Outcome
claim allowed
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Cooperative Society Land Disputes, Ownership Allocation, Trespass, Eviction, Title Transfer, Injunctive Relief
Source Language
English
Land and Property Cooperative Society Land Disputes Ownership Allocation Trespass Eviction Title Transfer Injunctive Relief

Case Brief

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Parties

Joseph Mutua Muinde

Applicant

Richard Makau

Respondent

Leonard Munyao Kamba

Respondent

Katelembo Athian Muputu Faming And Ranching Co-Operative Society

Respondent

Procedural Posture

Tribunal Land Claim / Judgment

Legal Issues

  1. 1 Whether the Claimant is the rightful owner of plot number 3076 held by the 3rd Respondent.
  2. 2 Whether the Respondents unlawfully trespassed and deprived the Claimant of possession and use of the land.
  3. 3 Whether the Claimant is entitled to a permanent injunction and eviction orders against the Respondents.

Ratio Decidendi

The Tribunal found that the Claimant and the 1st Respondent were both members of the 3rd Respondent, but the evidence, including the taskforce report and transfer documents, established that plot number 3076 was allocated to the Claimant's group (J. Kima) and subsequently transferred to the Claimant. The Respondents failed to produce credible evidence of a valid transfer from the 1st Respondent to the 2nd Respondent's alleged sister, nor any documentation linking her to the 3rd Respondent or the plot. The purported transfer forms were unsigned and not binding, and there was no proof of grant of administration to the estate of the deceased. The Tribunal concluded that the Claimant's case...

Court Disposition

claim allowed

Orders

  • A declaration that plot number 3076 held by the 3rd Respondent belongs to the Claimant.
  • A permanent injunction restraining the Respondents and their agents from trespassing, entering, remaining, transferring, subdividing, selling, or dealing with plot number 3076.