MURIUKI MARIGI v RICHARD MARIGI MURIUKI & 2 others [1997] KECA 81 (KLR)
- Court
- Court of Appeal
- Case number
- 81
- Citation
- [1997] KECA 81 (KLR)
- Decided
- 16 May 1997
The respondents' claim is dismissed as they did not have a cause of action in law. The award is set aside and the original suit is struck out with costs.
Facts
The appellant, Muriuki Marigi, is the registered owner of a parcel of land known as Magutu/Gatei/153. The respondents, Richard Marigi Muriuki and Lydia Njoki Muriuki, claim a designated share of the land based on customary law rights. The appellant disputes the claim and moved to set aside an award from arbitration.
Issues
- Whether customary law rights over the suit property are noted in the Land register
- Whether customary law rights are overriding interests recognized under the Registered Land Act
Reasoning
The evidence on record is silent on whether the respondents' Kikuyu customary law rights are noted in the Land register. The Court held that customary law rights are not overriding interests recognized under the Registered Land Act.
Outcome
The award is set aside and the original suit is struck out with costs.
Orders
- Set aside the award
- Strike out the original suit with costs
- Appellant to have costs of the appeal
Authorities cited
Legislation (2)
- Registered Land Act, Cap 300 Laws of Kenya
- Judicature Act
Cases cited (3)
- Obiero vs Opiyo & Others [1972] EA 227
- Esiroyo vs Esiroyo & Another [1973] EA 388
- Law of Succession Act, Cap 160 Laws of Kenya
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