Rachael Mukami Ngugi v Mercy Wanjiru Thogo [2018] KEELC 1748 (KLR)
- Court
- Environment & Land Court
- Case number
- 1748
- Citation
- [2018] KEELC 1748 (KLR)
- Decided
- 28 September 2018
The Court finds that the Defendant has proved her claim as stated in the Counter-claim and allows the Defendant’s prayers. The Court directs the Land Registrar Kiambu to rectify the Register in respect of the suit property by cancelling the title in favor of the Plaintiff and transferring 11⁄2 acres to the Defendant.
Facts
The Plaintiff, Rachael Mukami Ngugi, claimed to be the registered owner of the property Limuru/Kamirithu/625, while the Defendant, Mercy Wanjiru Thogo, contested this claim. The Plaintiff alleged that she was the exclusive proprietor and sought eviction, while the Defendant claimed she was a licensee and had lived on the property since 2005.
Issues
- Whether the Plaintiff is registered as the exclusive proprietor of the property
- Whether the Defendant is a trespasser
- Whether the Defendant has any proprietary interest over the property
- Whether the Plaintiff is entitled to the prayers sought in the Plaint
- Whether the Defendant is entitled to the prayers sought in the Counter-claim
- Who is to bear costs of the suit
Reasoning
The Plaintiff's claim was based on her registration as the exclusive proprietor, but the Defendant proved she had lived on the property since 2005 and was not a licensee.
Outcome
The Defendant's prayers are allowed, and the Plaintiff is ordered to transfer 11⁄2 acres of the property to the Defendant.
Orders
- The Land Registrar Kiambu to rectify the Register in respect of the suit property by cancelling the title in favor of the Plaintiff and transferring 11⁄2 acres to the Defendant
Remedies
- Rectification of the Register and transfer of 11⁄2 acres of the property to the Defendant
Authorities cited
Legislation (1)
- Land Registration Act
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