Penninah Njeri Thiongo v Lucy Nduta Thiongo & 4 others [2017] KEELC 3838 (KLR)
- Court
- Environment & Land Court
- Case number
- 3838
- Citation
- [2017] KEELC 3838 (KLR)
- Decided
- 3 November 2017
The court found the land dealings to be invalid due to lack of consent and failure to obtain necessary approvals from the Land Control Board.
Facts
The plaintiff, Penninah Njeri Thiongo, owned a property titled Kiambaa/Thimbugua/4662. This property was subdivided into four parcels, with titles Kiambaa/Thimbigua/5144, Kiambaa/Thimbigua/5145, Kiambaa/Thimbigua/5146, and Kiambaa/Thimbigua/5147, all registered in plaintiff's name. The 1st and 2nd defendants then transferred these parcels to themselves and later amalgamated them into one title, Kiambaa/Thimbigua/5317. The 2nd defendant took loans using the land as security and later sold it to Susan Caroline Gathigia Weru.
Issues
- Validity of land dealings in respect of parcels No. 5144, 5145, and 5317
- Protection of rights and interests of 3rd defendant and Susan Caroline
- Reversion of Title No. Kiambaa/Thimbigua/5317 to plaintiff
Reasoning
The court ruled that the transfers and amalgamations were illegal due to the absence of consent and the failure to obtain necessary approvals from the Land Control Board.
Outcome
The court ordered the suit land (Kiambaa/Thimbigua/5317) to revert to the plaintiff.
Orders
- Title No. Kiambaa/Thimbigua/5317 to revert to plaintiff
Remedies
- Reversion of Title No. Kiambaa/Thimbigua/5317 to plaintiff
Authorities cited
Legislation (2)
- Registration of Lands Act (cap 300 laws of Kenya)
- Land control act
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