Munket Pulei v Menta Enerisa Risa Pulei & 7 others [2021] KEELC 96 (KLR)
- Court
- Environment & Land Court
- Case number
- 96
- Citation
- [2021] KEELC 96 (KLR)
- Decided
- 20 December 2021
The Plaintiff's claim is not time barred due to a mistake in the subdivision. The relief sought can be recovered from the Defendants, and it was not necessary to join third parties.
Facts
The Plaintiff, Kasaine Pulei Kinyoei, claims that the land parcel KAJIADO/KIPETO/347 was fraudulently subdivided into six smaller parcels, resulting in parcels 1792-1797 being larger than the original parcel. The Plaintiff seeks a declaration that the subdivision is null and void, orders to recall and revoke title deeds, and equal division of the land.
Issues
- Can the Plaintiff's claim for an equal share be defeated by limitation?
- Can failure to join third parties who may have bought land from the Defendants be fatal to the Plaintiff's case?
Reasoning
The court found that the Plaintiff's claim is not time barred because of a mistake in the subdivision, and the relief can be recovered from the Defendants.
Outcome
Judgment in favor of the Plaintiff as prayed for in the plaint.
Orders
- A declaration that the subdivision of land parcel no. KAJIADO/KIPETO/347 into parcels Numbers KAJIADO/KIPETO/1792,1793, 1794, 1795 1796 and 1797 was fraudulent and therefore null and void.
- An order in terms of paragraph 14 of the plaint which is to the effect that an order issues directing the 7 th and 8th Defendants to recall and revoke Title Deeds for land parcels numbers KAJIADO/KIPETO/1792, 1793, 1794, 1795, 1796 and 1797 together with their subsequent subdivisions, reverting the same to the parent title number 347, resurvey land parcels numbers 347 and 348 to establish total acreage, dividing the same into two equal portions and re-establish boundary beacons.
- Costs of the suit.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Rules
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