Oyugi & 2 others v Cheptarus; Oyugi & another (Third party) (Environment and Land Case 211 of 2018) [2024] KEELC 3292 (KLR) (23 April 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3292
- Citation
- [2024] KEELC 3292 (KLR)
- Decided
- 23 April 2024
Summary at a glance
Facts
The plaintiffs are the administrators of the estate of their deceased father, Hezekiah Oyugi, who died in 1992. The defendant, Laban Cheptarus, purchased a house on land parcel No. Nakuru Municipality Block 12/30 from Doreen Oyugi, the plaintiffs' step-mother, without taking out a grant of letters of administration.
Issues
- Whether the defendant acquired the land parcel fraudulently and illegally by purchasing it from Doreen Oyugi without proper succession proceedings
Reasoning
The court found that the defendant entered into a land sale agreement with Doreen Oyugi on April 1, 2004, but the title deed was issued on May 23, 2002, which created a discrepancy. The court also noted that Doreen Oyugi had a certificate of lease for the land parcel issued on February 15, 2001, and a certificate of lease for the suit property issued on May 23, 2002, indicating that she was the registered owner at that time.
Outcome
The court dismissed the plaintiffs' claim.
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