Richard Kimani v Swaleh Mohamed Mwakuriwa & 5 others [2022] KEELC 1751 (KLR)

Facts

The Plaintiff claims to be the absolute and legally registered proprietor of land parcel KWALE/GALU KINONDO/676. He alleges that he purchased the land in 1974 and was issued a title deed in 1978. The 1st, 2nd, and 3rd Defendants claim to have acquired the land through the Land Adjudication process. The 5th Defendant sold the land to the 4th Defendant, who is currently in occupation.

Issues

1. Whether the Plaintiff is the absolute and legally registered proprietor to all that parcel of land known as Land Reference Numbers KWALE/GALU KINONDO/676.
2. Whether this Honorable Court has jurisdiction to deal with the land adjudication process.
3. Whether the 1st, 2nd, 3rd, 4th, 5th, and 6th Defendants acquired the land illegally, irregularly, and wrongfully.
4. Whether the 3rd Defendant, the then Land Registrar Kwale, was liable to any claim or demands by reason of anything done in good faith or executed in his official capacity.
5. Who will bear the Costs of the suit.

Reasoning

The Plaintiff's claim is supported by the issuance of a title deed in 1978, and his continuous possession and improvement of the land. The Defendants' claims are not substantiated.

Outcome

Affirmed