Ziriwan & another (Suing as Administrator of the Estate of Omar Riziwan Mohamed) v Ridhwani & another (Land Case 157 of 2018) [2024] KEELC 6176 (KLR) (26 September 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6176
- Citation
- [2024] KEELC 6176 (KLR)
- Decided
- 26 September 2024
Summary at a glance
TypeLand CasePostureAppeal from the original trialCoramFM NJOROGE, Muriithi, ST
The court finds that the registration of the land in the name of the 1st Defendant was irregular, and the Plaintiffs have a valid claim to the land.
Facts
The Plaintiffs claim that the Defendants unlawfully sold and transferred a plot of land to the 2nd Defendant without their consent. The 2nd Defendant asserts that he is the legal and lawfully registered owner of the land, having purchased it from the 1st Defendant.
Issues
- Validity of the sale and transfer of the land
- Ownership of the land
Reasoning
The evidence strongly indicates that the land was family property belonging to the Plaintiffs' father at the time of registration in the 1st Defendant's name. The court concludes that the registration was irregular and invalidates the sale and transfer.
Outcome
The Plaintiffs' claim for a declaration and cancellation of the title deed is upheld.
Orders
- Declaration that the registration and sale of the land are illegal, fraudulent, and void
Remedies
- Cancellation of the title deed registered in the name of the 2nd defendant
Authorities cited
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