Mbisi v Sironga & 5 others (Environment & Land Case 27 of 2019) [2022] KEELC 4751 (KLR) (25 August 2022) (Judgment)

Summary at a glance

Facts

The plaintiff, David Nyagero Mbisi, claims that the defendants, Zachary Kirera Sironga and others, unlawfully registered as owners of the suit property, which was originally owned by his father, Mbisi Matunda. The plaintiff seeks to have the registration cancelled and the property restored to his name.

Issues

• Whether the 1st and 2nd defendants were unlawfully registered as the owners of the suit property.
• Whether the plaintiff is entitled to the reliefs sought.

Reasoning

The court held that the defendants' registration was illegal and unprocedural, citing section 26 of the Land Registration Act, and that the plaintiff has proved his case on a balance of probabilities.

Outcome

Judgment for the plaintiff

Orders

• Cancellation of registration of LR No West Kitutu/Bogusero/1286 in the name of the 1st defendant.
• Cancellation of all sub-divisions and resultant numbers and transfers.
• Restoration of LR No West Kitutu/Bogusero/1286 in the name of the plaintiff.
• Order for the defendants to vacate the parcels

Remedies

• Cancellation of registration and sub-divisions.
• Restoration of property to the plaintiff.
• Eviction of defendants from the property.

Authorities cited