Masiaya Ole Oloije v Willium Simintei, Ole Kayanka (Chairman) Being Representative of Oldonyo Orok Group Ranch) & Registrar Kajiado [2015] KECA 341 (KLR)

Facts

The appellant, Masiaya Ole Oloije, claimed that he was entitled to a parcel of land known as Kajiado/Meto/1021 by way of allocation and adverse possession. He alleged that the land was irregularly registered in the name of the 1st respondent, Williium Simintei, and that he had lived on the land since 1993. The 1st respondent, Williium Simintei, and the 3rd respondent, Land Registrar Kajiado, were found to be the rightful owners of the land.

Issues

1. Whether the appellant is entitled to the land by way of allocation and adverse possession.
2. Whether the 1st respondent should be ordered to execute a transfer of the land and rectify the record.
3. Whether the 1st respondent fraudulently procured the registration of the land in his name.
4. Whether the Senior Land Registrar should be ordered to rectify the register by cancelling the 1st respondent's registration and registering the appellant as the proprietor.

Reasoning

The court found that the appellant's claim was not supported by evidence and that the 1st respondent was the rightful owner of the land. The court also found that the appellant's allegations of fraud were not supported and that the claim for adverse possession was not valid.

Outcome

Appeal dismissed

Authorities cited