Phylis T. Kibet & another v Nicholas Kiprotich Tarus [2020] KEELC 3242 (KLR)
- Court
- Environment & Land Court
- Case number
- 3242
- Citation
- [2020] KEELC 3242 (KLR)
- Decided
- 25 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Registration DisputePostureAppeal from an original trialCoramM. A. Odeny
Holding
The plaintiffs are the rightful owners of the suit land and the defendant fraudulently acquired it.
Facts
The plaintiffs claim that the defendant fraudulently acquired title to the land, which was originally gifted to them by their mother. The defendant sold the land to a third party, who later sued for a refund. The plaintiffs reported the fraudulent transfer to the Land Registrar, who issued summons to the defendant, but he did not honor it.
Issues
- whether the defendant fraudulently acquired title to the suit land
- whether the plaintiffs are the rightful owners of the suit land
Reasoning
The court found that the plaintiffs proved their case on a balance of probabilities, and ordered the Land Registrar to rectify the register in favor of the plaintiffs.
Outcome
In favor of the plaintiffs
Orders
- A declaration that the plaintiffs are the rightful owners of LR. NO. KIPLOMBE/KIPLOMBE BLOCK 10 (GROWEL)/411
- An order authorizing the Land Registrar Uasin Gishu County to rectify the register in respect of LR. NO. KIPLOMBE/KIPLOMBE BLOCK 10 (GROWEL)/411 by removing the name of the defendant and replacing it with the name of the plaintiffs.
- Costs of the suit as well as interest to be paid by the defendant
Remedies
- Declaration of ownership
- Rectification of the register
- Payment of costs and interest
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (3)
- Arthi Highway Developers Limited – Vs – West End Butchery Limited and Others Civil Appeal No. 246 of 2013
- Dr. Joseph Arap Ngok – Vs – Justice Moijo Ole Keiwua & 5 Others, Nai. Civil Appeal No. 60 of 1997
- Kibiro Wagoro Mukumu – vs – Francis Nduati Macharia & Another [2018] 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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