Omari (Suing as the Legal Administrator of the Estate of Peter Makworo - Deceased) v Wandwi & 2 others (Environment and Land Case E006 of 2022) [2025] KEELC 6489 (KLR) (21 July 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6489
- Citation
- [2025] KEELC 6489 (KLR)
- Decided
- 21 July 2025
The court ordered the invalidation of the title deeds, restoration of the land register, eviction of the 1st Defendant, and a permanent injunction against him.
Facts
The plaintiff, as the legal administrator of the estate of Peter Makworo, filed a suit seeking to invalidate title deeds for two land parcels (LR no Bukira/buhirimonono/508 and LR no Bukira/buhirimonono/509) registered in the name of the 1st Defendant, John Marwa Wandwi. The land is currently registered in the name of Joseph Chacha Magige and Wandwi Kiriba Barante.
Issues
- Invalidation of title deeds for the disputed land parcels
- Restoration of land register to reflect the correct owners
- Eviction of the 1st Defendant from the land
- Permanent injunction against the 1st Defendant and his agents
- No orders for damages
Reasoning
The court found that the title deeds were invalid and ordered their invalidation. The land was restored to reflect the correct owners, and the 1st Defendant was ordered to vacate the land.
Outcome
The plaintiff was awarded the costs of the suit.
Orders
- Invalidation of title deeds for LR no Bukira/buhirimonono/508 and LR no Bukira/buhirimonono/509
- Restoration of land register to reflect Joseph Chacha Magige and Wandwi Kiriba Barante
- Eviction of the 1st Defendant from LR no Bukira/buhirimonono/508 and LR no Bukira/buhirimonono/509
- Permanent injunction against the 1st Defendant and his agents
Remedies
- Restoration of land register
- Eviction of the 1st Defendant
- Permanent injunction
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