Ngunga Ngahu v Damaris Njeri Kagiri & 3 others [2021] KEELC 3766 (KLR)
- Court
- Environment & Land Court
- Case number
- 3766
- Citation
- [2021] KEELC 3766 (KLR)
- Decided
- 8 April 2021
The court found that the Plaintiff's suit was not time barred and that the 2nd and 3rd Defendants were entitled to the relief sought in their counterclaim. The titles held by the 1st Defendant were not obtained through fraud.
Facts
The Plaintiff, Ngunga Ngahu, claimed that he was originally allotted land parcel No. 519 in the Ndathi Settlement Scheme, which was subsequently subdivided into two parcels, No. 924 and 925, by the 1st Defendant, Damaris Njeri Kagiri. The 1st Defendant sold these parcels to the 2nd and 3rd Defendants, Elius Njoroge Kanyingi and Teresia Nyambura Kinuthia, respectively. The Plaintiff sought to have the titles to the parcels cancelled and the land returned to him.
Issues
- Whether the titles held by the 1st Defendant were obtained through fraud.
- Whether the Plaintiff's suit was statutorily time barred.
- Whether the 2nd and 3rd Defendants are entitled to the relief sought in their counterclaim.
- Who is liable to pay costs of the suit.
Reasoning
The court held that the Plaintiff's suit was not time barred and that the 2nd and 3rd Defendants were entitled to the relief sought in their counterclaim. The titles held by the 1st Defendant were not obtained through fraud.
Outcome
The Plaintiff's suit was dismissed, and the 2nd and 3rd Defendants were granted the relief sought in their counterclaim.
Orders
- The Plaintiff's suit was dismissed.
- The 2nd and 3rd Defendants were granted the relief sought in their counterclaim.
Remedies
- The 2nd and 3rd Defendants were granted the relief sought in their counterclaim.
Authorities cited
Legislation (2)
- Land Registration Act 2012
- Limitations of Actions Act
Cases cited (1)
- Republic vs Senior Registrar of Titles Ex-parte Brookside Court Limited (2012) eKLR
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