Plisila Wairimu Ndegwa v Jane Wairimu Nganga Ndungu & another [2018] KEELC 3794 (KLR)
- Court
- Environment & Land Court
- Case number
- 3794
- Citation
- [2018] KEELC 3794 (KLR)
- Decided
- 12 April 2018
The Plaintiff is declared the legitimate owner of parcel No. Loc 4/Ngararia/2043, and the 2nd Defendant is ordered to remove the caution registered on the land.
Facts
The Plaintiff, Plisila Wairimu Ndegwa, claims to be the legitimate owner of parcel No. Loc 4/Ngararia/2043, which is subdivided from her father's estate. The 1st Defendant, Jane Wairimu Nganga Ndungu, claims beneficial interest in the land, alleging that her father, Kimani Gatu, had gifted the land to her son John Ngugi. The Plaintiff denies this and claims that she inherited the land through her father's estate.
Issues
- Ownership of parcel No. Loc 4/Ngararia/2043
- Validity of the 1st Defendant's caution on the land
Reasoning
The court finds that the Plaintiff inherited the land through her father's estate and that there is no lawful reason for the subsistence of the 1st Defendant's caution on the land.
Outcome
Plaintiff's claim successful
Orders
- Declaration that the Plaintiff is the legitimate owner of parcel No. Loc 4/Ngararia/2043
- Order to the 2nd Defendant to remove the caution registered on the land
- Restraint on the 1st Defendant from encroaching onto the land or interfering with the Plaintiff's quiet possession
Remedies
- Declaration of ownership
- Removal of caution
- Restraint on encroachment
Authorities cited
Legislation (2)
- Law of Succession Act
- Registration of Land Act
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