Joseph Tireiti v Jacob Kipsugot Arap Lagat & another [2014] KEELC 462 (KLR)

Facts

The plaintiff purchased a 1/4 share of the original land parcel from the defendant in 1971 for Kshs. 12,000. The original land was 42.9 hectares, and the 1/4 share was 10.725 hectares or approximately 26.5 acres. The land was later sub-divided, and the plaintiff claims the 2nd defendant received an additional 2.5 acres.

Issues

1. Whether there was a sale agreement between the plaintiff and 1st defendant over the suit land in 1971 and if so what were the terms thereof?
2. Whether the 1st defendant sold to the plaintiff 1/4 share of the original land parcel in 1971.
3. What did this 1/4 share constitute in terms of acreage?
4. What is the share of the 2nd defendant in the original parcel?
5. Whether the plaintiff is entitled to ownership of 26.5 acres of the original parcel?
6. If the answer to (e) above is in the affirmative, what should happen to the new titles held by the defendants.

Reasoning

The sale agreement was for 1/4 share of the original land parcel, which is equivalent to 26.5 acres. The plaintiff's claim is supported by the Land Control Board's consent and the evidence of the 1st defendant's share of the land.

Outcome

The plaintiff is entitled to ownership of 26.5 acres of the original parcel.