Peter Ndungunya Ole Sono & 2 others v Lands Limited & another [2019] KEELC 569 (KLR)
- Court
- Environment & Land Court
- Case number
- 569
- Citation
- [2019] KEELC 569 (KLR)
- Decided
- 27 November 2019
The suit land is owned by Solai Ruyobei Farm Limited, and the plaintiffs' claims are dismissed.
Facts
The suit property was previously owned by Agriculture Development Corporation (ADC). Two groups of claimants, one represented by Peter Ndungunya Ole Sono and others, and another by John Meroni Lesalunga and others, claimed ownership of the land. The first group claimed they purchased the land and subdivided it, while the second group claimed adverse possession.
Issues
- Ownership of the suit property
- Validity of the fake titles and Registry Index Maps
- Adverse possession claim
Reasoning
The court found that there was no sale by ADC to the first group of claimants and that ADC sold the land to the second defendant. The first group's claims for ownership and adverse possession were dismissed due to the lack of evidence and the nullification of fake titles and Registry Index Maps.
Outcome
Dismissal of both groups' claims with costs
Orders
- Title of the land remains registered in the name of Solai Ruyobei Farm Limited
- Fraudulent titles and Registry Index Maps are declared null and void
- Chief Land Registrar and District Land Registrar Naivasha are ordered to expunge titles from records
- Director of Surveys is ordered to expunge Registry Index Maps
- The rightful proprietor of the land is Solai Ruyobei Farm Limited
Remedies
- Order of eviction for any person occupying the land without permission
- The land can be dealt with as Solai Ruyobei Farm Limited wishes
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