Jonathan Kithi Kalu & 2 others v Kalama Kadenge Mbwiya & 3 others [2021] KEELC 4657 (KLR)
- Court
- Environment & Land Court
- Case number
- 4657
- Citation
- [2021] KEELC 4657 (KLR)
- Decided
- 22 January 2021
The Court found that the allocation and registration of the suit property to Kalama Kadenge Mbwiya was obtained by fraud, mistake, or misrepresentation and ordered rectification of the register to reflect that the suit property belonged to the Plaintiffs' father, the late Charo Birya Ngombo.
Facts
The Plaintiffs claim to be the Administrators of the Estate of the late Charo Birya Ngombo, who settled on the suit property before 1970. The property was later allocated to Kalama Kadenge Mbwiya and registered as his property. The Plaintiffs allege fraud, mistake, or misrepresentation in the allocation and registration.
Issues
- Whether the allocation and registration of the suit property to Kalama Kadenge Mbwiya was obtained by fraud, mistake, or misrepresentation.
- Whether the Plaintiffs are the rightful owners of the suit property and are entitled to a declaration and injunction against the Defendants.
Reasoning
The Court considered the pleadings, testimonies, and evidence, and found that the Plaintiffs are the rightful owners of the suit property due to their claim as Administrators of the late Charo Birya Ngombo's estate and their continuous use of the property.
Outcome
Judgment in favor of the Plaintiffs
Orders
- Declaration that the suit property belongs to the Plaintiffs' father, the late Charo Birya Ngombo.
- Order of injunction restraining the Defendants from entering onto the suit property.
- Order of rectification of the register to reflect the Plaintiffs' ownership of the suit property.
Remedies
- Declaration of ownership
- Injunction against Defendants
- Rectification of register
Authorities cited
Legislation (1)
- Land Adjudication and Settlement Act
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