[1998] KECA 127 (KLR)
The court held that the appellant, being the son of the respondent and occupying the land with his father's permission, did not acquire any overriding interests under section 30 of the Registered Land Act. The arrangement was a mere licence, revocable at the will of the registered proprietor. The respondent, as the...
Source-derived case information.
- Citation
- [1998] KECA 127 (KLR)
- Parties
- Appellant: Zebron Nguku Mote; Respondent: Ephantus Mote Wakaria
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 249 of 1997
- Procedural Posture
- Civil Appeal / Second Appeal; Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Registered Land, Overriding Interests, Licence to Occupy, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zebron Nguku Mote
Appellant
Ephantus Mote Wakaria
Respondent
Procedural Posture
Civil Appeal / Second Appeal; Judgment
Legal Issues
- 1 Whether the appellant acquired overriding interests under section 30 of the Registered Land Act by occupying his father's land.
- 2 Whether the respondent, as registered proprietor, could lawfully withdraw the appellant's licence to occupy the land.
Ratio Decidendi
The court held that the appellant, being the son of the respondent and occupying the land with his father's permission, did not acquire any overriding interests under section 30 of the Registered Land Act. The arrangement was a mere licence, revocable at the will of the registered proprietor. The respondent, as the registered owner, was entitled to withdraw the appellant's licence to occupy the land. The superior court's decision was correct, and the appeal had no merit.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
civ app 249 of 97
ZEBRON NGUKU MOTE...................................APPELLANT
V
EPHANTUS MOTE WAKARIA.................................RESPONDENT
JUDGMENT OF THE COURT
This is a second appeal and concerns land. A portion of the suit land was being cultivated by the appellant, who is the son of the respondent. The respondent not being happy with the presence of the appellant on land told him to leave, or to put it in another manner, withdraw his licence to occupy that portion of the suit land which the appellant was occupTyhien gl.and belongs to the respondent. It is registered in his name. The learned judge in the superior court cannot be faulted for saying that the respondent could do what he liked with his own land.
There is no merit in the appellant's claim when he says that he has acquired overriding interests under section 30 of the Registered Land Act, cap. 300 Laws of Kenya. No
overriding interests arise when a father allows a son to occupy a portion of the land belonging to the father. This appeal is dismissed with costs.
Dated and delivered at Nairobi this 25th day of May,
1998. R.S.C. OMOLO ................
JUDGE OF APPEAL
A. B. SHAH .................
JUDGE OF APPEAL
S.E.O. BOSIRE .................
JUDGE OF APPEAL
DEPUTY REGISTRAR