Wambura v Omari & 24 others; Agola (Interested Party) (Environment and Land Case 196 of 2023) [2025] KEELC 5774 (KLR) (1 August 2025) (Judgment)

Summary at a glance

Facts

The Plaintiff, Peter Wellington Wambura, claimed ownership of a parcel of land known as L.R No. 22929, Grant No. I.R 73665, measuring approximately 1.802 hectares. The Defendants and Interested Party disputed the ownership and claimed encroachment.

Issues

• Whether the Plaintiff is the lawful owner of the suit property.
• Whether the parcels of land owned by the 1st to 22nd Defendants were created within the suit property.
• Whether the Plaintiff is entitled to the reliefs sought in his plaint.
• Who is liable for the costs of the suit.

Reasoning

The court relied on the Registration of Titles Act and Land Registration Act to determine that the Plaintiff's title was conclusive evidence of ownership, subject to fraud or misrepresentation. The Interested Party's claim was dismissed as there was no proof that the suit property was created from or on top of land parcel No. Kisumu/Kanyakwar “B”/385.

Outcome

The Plaintiff is the lawful owner of the suit property.

Orders

• The suit is dismissed with costs.

Authorities cited