Nkuru Ole Toris & another v Nalongoyo Munyei & another [2019] KEELC 3498 (KLR)

Summary at a glance

Facts

The plaintiffs claim that the defendants have placed a restriction on the title deed of a parcel of land, preventing them from subdividing it. The plaintiffs are seeking to have the restriction lifted and to be declared as the sole joint owners.

Issues

• Whether the restriction on the land title should be lifted
• Whether the plaintiffs are entitled to be declared as sole joint owners of the land

Reasoning

The plaintiffs' case is uncontroverted, and the restriction has been in place for more than 18 years. The defendants have not justified the restriction, and the plaintiffs have proved their case on a balance of probabilities.

Outcome

In favor of the plaintiffs

Orders

• The 1st and 2nd defendants are ordered to lift the restriction on the land title
• The plaintiffs are declared as sole joint owners of the land

Remedies

• Lifting of restriction
• Declaration of joint ownership