Nkoitiko (Suing as the administratix of the Estate of Mutae Ene Nkoitiko (Deceased) v Mangori & 2 others (Environment & Land Case 530 of 2017) [2023] KEELC 20445 (KLR) (4 October 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 20445
- Citation
- [2023] KEELC 20445 (KLR)
- Decided
- 4 October 2023
The suit parcel was registered in the name of the plaintiff on 29/10/2004 and not in the name of her mother. The plaintiff has the burden of proof regarding fraud allegations.
Facts
The plaintiff's deceased mother was the registered owner of land parcel LR. Kajiado/Kaputiei Central/949. The plaintiff and the first defendant had negotiations to sell 44 acres of the land in 2010, but the negotiations failed. The first defendant filed a case at the Land Disputes Tribunal, which ruled in their favor. The plaintiff then filed judicial review proceedings.
Issues
- In whose name was the suit land registered at the time of the disputed sale agreement?
- Whether it was necessary for the plainti to obtain letters of administration before entering into the agreement?
- Whether the requisite procedures were complied with before the rst defendant was registered as owner of the 44 acres?
- Who has the burden of proof and it has been discharged?
- Who bears the costs?
Reasoning
The court found that the suit parcel was registered in the plaintiff's name, not her mother's. The plaintiff had the burden of proof regarding fraud allegations, which required a higher standard of proof than a balance of probabilities.
Outcome
The plaintiff's suit was dismissed.
Orders
- A declaration that the alleged sale, sub-division and transfer of LR. Kajiado/Kaputiei Central/949 is illegal and of no effect for want of letters of administration and Land Control Board consent.
- An order that title Nos. Kajiado/Kaputiei Central 1825 and 1826 be cancelled and the property remains in the name of Mutae ene Nkoitiko Lenayia.
- An order that the fourth defendant withhold any compensation that may fall due in respect of LR. 1826 for the Standard Gauge Railway Project until further orders of this court.
- A declaration that no land transaction between the parties was legally permissible for want of Grant of Letters of Administration for the deceased estate.
- Costs of the suit.
Authorities cited
Cases cited (1)
- Elizabeth. Kamene Ndolo v George Matata Ndolo, Civil Appeal No 128 of 1995
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