The Environment and Lands Court in Busia has ended a vicious land battle pitting a mother and his step-son.
The battle for the 3.8 acres land parcel No.Bukhayo/Bugengi 950 ended after the court nullified the transfer of ownership to a son of the deceased.
The man’s widow Wilfrida Owayo Ochola moved to court in 2016 claiming that the deceased, who was her husband, lived and was buried in the land parcel.
She argued that the transfer of ownership to Busia Villa Ltd and the subsequent to her stepson, Antony was illegal.
Wilfrida while testifying in court said that the land was in the custody of the step-son unlawfully. She added that the deceased owned the land parcel No.Bukhyao/Bugengi/95-0.
Wilfrida wanted the court to restore ownership to the deceased and deregister Antony and Busia Villa LTD.
She said that her husband never sold the parcel of land and never executed the transfer of documents in favour of the two.
In their defense, Busia Villa Ltd said that it was not aware of any dealings in regards to the land and made no admission to fraud allegations pleaded.
Antony sought that his step-mother's suit be dismissed and denied the fraud allegations leveled against him. He pleaded that his father transferred the land to him when he was alive.
Wilfred Nyaburi, Land Registrar in Busia Land office testified that he could not confirm that Antony was properly registered since he could not trace the transfer documents.
After taking into account the evidence given, the court concluded that Antony acquired the suit title irregularly, through fraud.
"Accordingly, the plaintiff’s suit succeeds and I enter judgement for her as prayed in the plaint; an order is hereby issued for cancelation/deregistration of the defendants in respect to land title No.Bukhayo/Bugengi/950 to restore entry restoration ownership of suit title to Orwa Ochola Owiti-deceased,’’ the court said.
