Parsaurei (Suing as the Personal Representative of the Estate of Masare Ole Alaseso Mapi alias Masarei Ole Alasejo Mapi) v County Land Registrar Kajiado & 16 others (Environment & Land Case 201 of 2018) [2025] KEELC 839 (KLR) (27 February 2025) (Judgment)

Summary at a glance

Facts

The plaintiff claims that his late father was the registered proprietor of a property in Kajiado, which was sub-divided illegally and fraudulently. The sub-division was closed on three parcels in 1978, and the plaintiff alleges that the transfer to the 8th and 14th defendants was illegal.

Issues

• Whether the plaintiff has proved his claim against the defendants.
• Whether he is entitled to the reliefs sought in the plaintiff's claim.
• Whether the 11th, 13th, 16th, and 17th defendants are entitled to the reliefs sought in their respective counterclaims.
• What orders should be issued.
• Who should bear the costs of the suit.

Reasoning

The plaintiff failed to prove that the thumbprint on the mutation form was not that of his late father, and the plaintiff's father did not question the sub-division for 36 years.

Outcome

The plaintiff's claim is dismissed.

Authorities cited