Margaret Wambui Mwangi v Chief Lands Registrar, Kajiado [2019] KEELC 2170 (KLR)
- Court
- Environment & Land Court
- Case number
- 2170
- Citation
- [2019] KEELC 2170 (KLR)
- Decided
- 29 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks rectification of Green Card entries, Respondent seeks to strike out the applicationCoramCHRISTINE OCHIENG
Holding
The application is incompetent and will be struck out. The Applicant is directed to file a substantive suit.
Facts
Applicant seeks rectification of Green Card entries 8 and 9 in respect of land registration number Kajiado/Kitengela/2929. The Green Card was forged and false entries were made by Elias Oyamo Nguche, who was convicted for forgery.
Issues
- Whether the District Land Registrar Kajiado should be compelled to rectify the Green Card entries
- Whether the Applicant's claim is substantive and requires viva voce evidence
Reasoning
The Applicant failed to include the accused person in the proceedings and did not provide necessary documents. The claim for rectification of title requires viva voce evidence.
Outcome
The application is struck out and the Applicant is directed to file a substantive suit.
Orders
- Application struck out
- Applicant directed to file a substantive suit
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
Cases cited (5)
- Dr. Joseph NK arap Ngok v Justice Moijo Ole Keiuwa & Others Nairobi Civil Application No. NAI 60 of 1997 (unreported)
- Koinange and 13 others Vs Koinange (1986)
- Ratilal Gordharibhai Patel Vs Lalji Makanji (1957) EA 314
- Chesulut Vs Timothy Sangok Appeal No. 265 of 1999
- Joseph Kibowen Chemjor v William C Kisera [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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