[2023] KEELC 15977 (KLR)
The court allowed the appeal by consent of both parties, setting aside the trial court's judgment and declaring that the 2nd appellant acquired a good title to Land Parcel No Lambwe East/194. The court further declared that the respondent did not purchase the land from the late Harrison Onditi. The decision was...
Source-derived case information.
- Citation
- [2023] KEELC 15977 (KLR)
- Parties
- Appellant: Jacob Olango Onunda; Appellant: James Oura Omboto; Respondent: Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 19 of 2022
- Procedural Posture
- Environment and Land Appeal / Judgment
- Outcome
- appeal allowed by consent; trial court judgment set aside; declarations granted as per memorandum of appeal
- Judges
- GMA Ongondo
- Legal Topics
- Land Title, Consent Judgment, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Olango Onunda
Appellant
James Oura Omboto
Appellant
Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
Respondent
Procedural Posture
Environment and Land Appeal / Judgment
Legal Issues
- 1 Whether the 2nd appellant acquired a good title to Land Parcel No Lambwe East/194.
- 2 Whether the respondent purchased Land Parcel No Lambwe East/194 from the late Harrison Onditi.
Ratio Decidendi
The court allowed the appeal by consent of both parties, setting aside the trial court's judgment and declaring that the 2nd appellant acquired a good title to Land Parcel No Lambwe East/194. The court further declared that the respondent did not purchase the land from the late Harrison Onditi. The decision was based on the parties' mutual agreement as recorded in court, and the legal effect of a consent judgment, which is binding and conclusive as between the parties. The court found no reason to depart from the terms of the consent, and accordingly substituted the trial court's orders with the declarations sought by the appellants. No order as to costs was made.
Court Disposition
appeal allowed by consent; trial court judgment set aside; declarations granted as per memorandum of appeal
Orders
- The appeal is allowed and the trial court’s judgment is set aside.
- It is declared that the 2nd appellant acquired a good title to the suit parcel No Lambwe East/194.
Full Case Text
Judgment text and source record
26 paragraphs
Onunda & another v Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita) (Environment and Land Appeal 19 of 2022) [2023] KEELC 15977 (KLR) (7 March 2023) (Judgment)
Neutral citation: [2023] KEELC 15977 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 19 of 2022
GMA Ongondo, J
March 7, 2023
(FORMELY MIGORI ELC APPEAL NO 5 OF 2020)
Between
Jacob Olango Onunda
1st Appellant
James Oura Omboto
2nd Appellant
and
Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
Respondent
(Being an appeal from the judgment of Hon Tom Mark Olando (SRM) delivered on 11th December, 2019 in Homa-Bay Senior Principal Magistrate’s Court Land Case No 46 of 2018)
Judgment
1. This appeal was generated by a memorandum of appeal filed in court on February 3, 2020 based on grounds 1 to 5 set out on the face thereon.
2. Aluoch Odera learned Counsel for the 2nd appellant has informed this court that there is a consent to have the appeal disposed of.
3. The respondent in person has confirmed the position of the consent.
4. On that account by consent of the appellant’s counsel and the respondent in person, judgment be and is hereby entered as proposed in the memorandum of appeal.
5. For clarity, it is hereby ordered that:a.This appeal be allowed and the trial court’s judgment be set aside and substituted by an order declaring that the 2nd appellant acquired a good title to the suit parcel No Lambwe East/194. b.A declaration that the respondent did not purchase the Land Parcel No Lambwe East/194 from the late Harrison Onditi.
6. No orders as to costs.
7. Ordered accordingly.
DELIVERED DATED AND SIGNED THIS 7TH DAY OF MARCH 2023. G.M.A ONG’ONDOJUDGEPRESENT:a. Aluoch Odera, learned Counsel for the 2nd appellant.b. Respondent in personc. Fiona, Court Assistant.