Ruto v Kimani & 2 others (Environment & Land Case 211 of 2016) [2025] KEELC 3629 (KLR) (8 May 2025) (Judgment)

Summary at a glance

Facts

The Plaintiff, Joel Kipkoech Ruto, offered his land parcel Miti-Mingi/Mbaruk Block 4/332 (Ingobor) as security for repayment of Kshs 65,000/= to the 1st Defendant, Sackey Peter Kimani. The 1st Defendant disappeared, and the Plaintiff alleged fraud and illegal transfer of the land to the 2nd and 3rd Defendants.

Issues

• Whether the subdivision of the Plaintiff's title was procured fraudulently and if so, whether it is liable to cancellation.
• Who should bear the costs.

Reasoning

The court found that the 2nd and 3rd Defendants did not defend the case and did not provide evidence. The Plaintiff's account of the fraudulent transfer was corroborated by the 1st Defendant.

Outcome

In favor of the Plaintiff

Orders

• Cancellation of the sub-divisions and registration of the 2nd and 3rd defendants as the owners of the subdivisions.
• Consolidation of the four titles into one or registration of the Plaintiff as the proprietor of the four subdivisions.
• Costs of the suit.
• Any other relief deemed fit by the court.

Remedies

• Cancellation of the sub-divisions.
• Consolidation of the four titles.
• Registration of the Plaintiff as the proprietor of the four subdivisions.

Authorities cited