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Waribu Chongo v. Benson Maina Gathithi

(2014) JELR 95060 (CA)

Court of Appeal  •  Civil Appeal 12 of 2013  •  5 Feb 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The dispute in this appeal relates to ownership of trees on land. It is trite law that whatever is permanently attached to the soil becomes part of the soil and runs with the land; it matters not who affixed or embedded the object. This is captured in the latin maxim quicquid plantatur solo, solo cedit. The owner of the land becomes the owner of the soil and all objects permanently affixed or embedded thereto. In a conveyance or sale transaction, all objects affixed and embedded to the land at the time of the contract of sale must be left for the purchaser unless otherwise agreed. In law, a sale agreement is effective to pass objects permanently affixed to the soil without express mention (see Dibble Ltd – v- Moore, (1970) 2 QB 180).

By a plaint dated 8th August, 2006, the appellant filed suit in the Principal Magistrate’s Court at Muranga against the respondent claiming compensation for the value of 15 blue gum trees cut down by the respondent. The trees were plan…

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