The Court of Appeal dismissed an appeal concerning the ownership of a piece of land in Machakos that housed a children’s home.
The appeal, filed by Kenso Orina Mochache, challenged a lower court decision that found the property belonged to the Liberty Care Centre Children’s Home, a charitable organization.
The case originated from a 2009 suit filed by the appellant, who claimed that he, along with other partners, jointly owned the land known as LR No. 13302/43, measuring approximately 2 acres. He argued that the land was bought for the children’s home but was unlawfully occupied by others. The Environment and Land Court at Machakos, however, found in favor of the children’s home, stating that the property belonged to the organization, which had been in possession since 2006.
The appellant contended that the trial judge erred by ignoring key evidence, including the registration date of the children’s home and the ownership documents. He also argued that the court wrongly inferred a trust in favor of the children’s home without proper proof. Furthermore, he claimed that the evidence demonstrated he and his partners were joint owners and that the property was bought for their benefit.
The Court of Appeal, however, carefully re-evaluated the evidence and the findings of the lower court. Justices Mumbi Ngugi, Ochieng, and Muchelule upheld the trial court’s decision, emphasizing that the evidence proved the land was registered in the children’s home’s name and had been occupied since 2006. They highlighted that the appellant and his partners had benefitted from subdivision plots, which they did not pay for, and had acted in a manner consistent with ownership of the land on behalf of the home.
The appellate judges dismissed the appeal with costs, reaffirming that the lower court’s factual findings were sound. The ruling underscores the importance of clear evidence and proper documentation in property disputes, especially involving charitable organizations and vulnerable communities.
