Mbiiri Kamau (Representing A.C.K Kitharaini Church, the Church Commissioners for Kenya Trustees of the Anglican Church of Kenya) v Munyangia Njoka & 2 others [2021] KEELC 2116 (KLR)
- Court
- Environment & Land Court
- Case number
- 2116
- Citation
- [2021] KEELC 2116 (KLR)
- Decided
- 23 July 2021
The Court finds that the Plaintiff has failed to defend the manner in which the suit property was acquired and that the veil of indefeasibility of title has been successfully pierced by the 1st Defendant. As such, the reliefs sought by the Plaintiff cannot be granted.
Facts
The Plaintiff, acting on behalf of A.C.K Kitharaini Church and the Church Commissioners for Kenya Trustees of the Anglican Church of Kenya, filed a suit against the Land Registrar and the Attorney General. The Plaintiff claimed that their title to a parcel of land was cancelled without due process.
Issues
- Whether the Plaintiffs have locus standi to institute the suit.
- Whether the cancellation of the Plaintiff’s title from the registrar followed due process.
- Whether the Plaintiff is an innocent purchaser for value.
- Whether the reliefs sought by the Plaintiff can be granted.
Reasoning
The court held that the Plaintiff did not have locus standi due to the amendment of the plaint, and that the cancellation of the title was not in accordance with due process. The court also found that the Plaintiff was not an innocent purchaser for value.
Outcome
The appeal is dismissed. The Land Registrar is directed to cancel the Plaintiff's title and maintain the 1st Defendant's name as the registered proprietor.
Orders
- The Land Registrar is directed to cancel the Plaintiff's title and maintain the 1st Defendant's name as the registered proprietor.
- The 1st Defendant shall have the costs of this suit.
Authorities cited
Cases cited (2)
- Mumo Matemu Vs Trusted Society of Human Rights Alliance & 5 others [2014] e KLR
- Gitwany Investment Limited Vs Tajmal Limited & 3 others [2006] e K.L.R
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