Peter Mbaabu Ayub (suing as the legal representative of the Estate of Deceased Ayub Marambii) v John Ndegwa & 3 others [2018] KEELC 1037 (KLR)

Summary at a glance

Facts

The plaintiff claims the land was owned by his father, Ayub Marambii, while the 1st defendant claims he bought the land in 1968 from Mukiama, M’Ituru, Mitu, and Kirigwa. The plaintiff disputes this and argues that the land was left intact and developed by the plaintiff and his brother.

Issues

• Who is the rightful owner of the suit land?
• Was any consent issued before the filing of the suit?
• Is the suit fatally flawed for contravening the provisions of Section 13A of the Government Proceedings Act Cap 40?
• What orders should issue?

Reasoning

The court found in favor of the plaintiff, ruling that the land was owned by the plaintiff's father and that the plaintiff's claim was not fatally flawed.

Outcome

In favor of the plaintiff

Orders

• An order of declaratory to the effect that the suit properties NYAMBENE/IRUNGU III/1359 formerly URUNGU III, 315 and 1359 is property owned by the plaintiff
• An order to cancel and/or revoke the certificate of title issued to Josephine Wangui Muchai on 19th August, 2014, and to vest it on the plaintiff
• An order of special and general damages
• Costs and interest