Tsadza Tsuma & 3 others v Registrar of Lands Kilifi & 3 others [2022] KEELC 323 (KLR)
- Court
- Environment & Land Court
- Case number
- 323
- Citation
- [2022] KEELC 323 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from an original trial judgmentCoramUWAN
The Court finds in favor of the Plaintiffs and orders the Registrar of Lands Kilifi to revoke the title number Mgumopatsa/Mazeras/545 and register it in the names of the Plaintiffs.
Facts
The Plaintiffs claim that they are the rightful owners of land parcel Mgumopatsa/Mazeras/545, which was registered in the names of the 2nd, 3rd, and 4th Defendants. The Plaintiffs allege fraud and misrepresentation by the 2nd and 3rd Defendants in causing the registration. The County Government of Kilifi entered mediation and agreed to cede its interest to the Plaintiffs.
Issues
- Ownership of land parcel Mgumopatsa/Mazeras/545
- Fraudulent registration by 2nd and 3rd Defendants
Reasoning
The Court determined that the Plaintiffs' husband had written a letter requesting to be the registered owner of the land in 1993, which was before his death. The Court also found that the 2nd and 3rd Defendants did not lodge objections to the land adjudication process within the timelines provided.
Outcome
In favor of the Plaintiffs
Orders
- Registrar of Lands Kilifi to revoke title number Mgumopatsa/Mazeras/545 and register it in the names of the Plaintiffs
Remedies
- Revocation of title and registration of land in Plaintiffs' names
Authorities cited
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