Ombaso & 2 others (Suing as legal representatives and on behalf of the Estate of Ombaso Ombongi) v Ombaso & 2 others (Environment & Land Case 17 of 2021) [2023] KEELC 16588 (KLR) (27 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16588
- Citation
- [2023] KEELC 16588 (KLR)
- Decided
- 27 March 2023
The court finds the transfer of land from the deceased's name to the stepmother's name was illegal and null and void. The court orders the transfer to be nullified and the land returned to the deceased's name.
Facts
The Plaintiffs, Ombaso and his two sons, sought to cancel a transfer of land from the deceased's name to the stepmother's name, alleging it was illegal and without proper administration. The stepmother denied the claim and argued she had a valid title.
Issues
- Validity of the transfer of land from the deceased's name to the stepmother's name
- Legal standing of the Plaintiffs to bring the suit
- Proper administration of the deceased's estate
Reasoning
The court determined the transfer was illegal and null due to lack of proper administration and fraud. The court invoked Section 80 of the Land Registration Act to rectify the register.
Outcome
Plaintiffs' prayers (a) and (b) are granted, while prayer (c) is addressed by the Succession Court.
Orders
- Title Deed in the name of the 1st Defendant of L.R. No. Gesima Settlement Scheme/512 and/or any sub-Titles arising therefrom be returned to the lands office, Nyamira within the next 15 Days for cancellation and reversion to the name of Ombaso Ombongi.
- Any other transfers made of any of the properties and assets that formed part of the Estate of the late Ombaso Ombongi at the time of his demise on 11/11/2011 in addition to L.R. No. Gesima Settlement Scheme/512 are hereby revoked as well and henceforth revert to the name of Ombaso Ombongi and the Registers in respect to the said properties should be rectified accordingly.
Remedies
- Return of the land to the deceased's name and nullification of the transfer
Authorities cited
Legislation (1)
- Land Registration Act
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