Mbui Mukangu v Gerald Mutwiri Mbui [2004] KECA 155 (KLR)

Facts

The dispute involves two parcels of land, plot 1245 and plot 214, registered under the Registered Land Act. Gerald Mutwiri Mbui (Gerald) sued his father, Mbui Mukangu (Mbui), in Meru C.M.C.C. NO. 870 OF 1993 to stop him from alienating the land and to force him to transfer portions to Gerald. Mbui later sued Gerald for threatening to harm him and cutting down his banana plants. Gerald claims ancestral land rights, while Mbui claims the land is his personal property.

Issues

1. Do sections 27 and 28 of the Registered Land Act confer such rights on Mbui as will entitle him to evict his son, Gerald, from the occupation and possession of the land?

Reasoning

The court found that Gerald's claim is based on customary law rights, but these are excluded under sections 27, 28, and 30 of the Registered Land Act. The court held that as the registered owner, Mbui may not be urged, directed, or compelled to share the land in any particular manner.

Outcome

Affirmed the High Court's judgment.

Authorities cited