Wanjohi v Githaiga & 3 others (Environment & Land Case E031 of 2022) [2024] KEELC 676 (KLR) (15 February 2024) (Judgment)

Facts

Daniel Ngatia Githaiga filed a plaint seeking declarations and orders regarding the sub-division of a land parcel, alleging fraud and irregularities in the registration process.

Issues

1. Whether the sub-division of the land was irregular, fraudulent, illegal, null and void.
2. Whether the 3rd Defendant should revoke and/or cancel the title deeds for the subdivided portions.
3. Whether the 3rd Defendant, the Nyeri Land Registrar, should rectify the register and revert the land to its original registration number and in the name of the registered proprietor (now deceased).
4. Whether the costs of the suit should be awarded.
5. Whether the court should grant any other or further relief as deemed just by the court.

Reasoning

The court found that the process of selling the original parcel and issuing new titles after the death of the respondents' father was illegal and that re-opening the case would not change the outcome.

Outcome

Appeal dismissed

Authorities cited