Oldeane Limited v Orioki & another (Environment & Land Case E090 of 2022) [2024] KEELC 5527 (KLR) (25 July 2024) (Judgment)

Summary at a glance

Facts

Oldeane Limited claimed to be the lawful owner of 89.5 hectares of land in Kajiado/Ewuaso Kedong/1557, purchased from Lekuura Ole Tumanga through Peter Kariuki Njoroge in 2013. The 1st Defendant, Jane Orioki, fraudulently altered the green card records to reflect her as the owner. The 2nd Defendant, the Land Registrar at Ngong, aided the fraud.

Issues

• Whether Oldeane Limited is entitled to the prayers sought in the plaint.
• Who should bear costs of the suit.

Reasoning

The court found that Oldeane Limited had proved its case against the defendants on a balance of probabilities, despite the defendants not contesting the claim. The court emphasized the need for the plaintiff to substantiate their claims with compelling evidence.

Outcome

For the Plainti

Orders

• Declaration of ownership
• Expungement of Jane Orioki's name from the register
• Entry of Oldeane Limited's name as the proprietor
• Permanent injunction against Jane Orioki
• Surrender of title documents to the Chief Registrar of Land
• Costs of the suit to be borne by the Defendants

Remedies

• Declaration of ownership
• Expungement of Jane Orioki's name from the register
• Entry of Oldeane Limited's name as the proprietor
• Permanent injunction against Jane Orioki
• Surrender of title documents to the Chief Registrar of Land
• Costs of the suit to be borne by the Defendants