Manyi Kyule v Stephen Kalange [2021] KEELC 2772 (KLR)
- Court
- Environment & Land Court
- Case number
- 2772
- Citation
- [2021] KEELC 2772 (KLR)
- Decided
- 24 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Registration DisputePosturePlaintiff's undefended suitCoramMBOGO C.G.
Holding
The title in respect of land parcel number Kiteta/Kakuswi/399 ought to be cancelled and the same be registered in the name of Kyule Kivuti and/or the administrator of his estate.
Facts
The Plaintiff claims that his late father sold land parcel Kiteta/Kakuswi/352 to the Defendant's father, but the land was mistakenly registered in the Defendant's name. The Plaintiff seeks to have the registration rectified and the land registered in his name.
Issues
- Whether there was a mistake in the registration of land parcel number Kiteta/Kakuswi/399.
- Whether land parcel number Kiteta/Kakuswi/399 should be registered in the names of Kyule Kivuti or his administrators.
Reasoning
The court found that the Defendant's father was mistakenly registered as the owner of land parcel number Kiteta/Kakuswi/399 due to a typographical error. The court held that the title should be rectified and registered in the Plaintiff's name.
Outcome
Judgment for the Plaintiff
Orders
- KITETA/KAKUSWI/399 to any other person.
- Cost of the suit and interests.
Remedies
- Rectification of the title registration
Authorities cited
Legislation (1)
- Land Registration Act No. 3 of 2012
Cases cited (1)
- Mary Ruguru Njoroge v Hon. The Attorney General
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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