Kisoso v Kimamet & another (Suing as legal representatives of Kiporot Ole Totona alias Singo Arap Totona - Deceased) & 3 others (Environment & Land Case 267 of 2017) [2023] KEELC 64 (KLR) (19 January 2023) (Judgment)

Facts

Plaintiff claims to have been gifted land by her uncle Paul Chemirmir, who had bought it at a public auction from Kenya Commercial Bank. Defendants claim to have been on the land and were asked to vacate by the plaintiff. Plaintiff alleges fraud and interference by defendants.

Issues

1. Whether the plaintiff acquired the suit property fraudulently.
2. Whether the plaintiff is entitled to the orders sought in the plaint.
3. Whether the defendants are entitled to the orders sought in their further amended statement of defence and counterclaim.
4. Who should bear the costs of the suit.

Reasoning

The court will consider the plaintiff's claim of fraud under Section 26 of the Land Registration Act, which allows for fraud to be a ground to challenge a registered proprietor's title.

Outcome

The court will hear evidence and arguments to determine the validity of the plaintiff's claim of fraud.

Authorities cited