Oyigo v Pierluigia & another (Civil Suit 41 of 2019) [2026] KEELC 1877 (KLR) (23 March 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1877
- Citation
- [2026] KEELC 1877 (KLR)
- Decided
- 23 March 2026
The Court held that the Applicant was entitled to exclusive ownership and possession of the suit property, and the fraudulent lease registration was voidable.
Facts
The Applicant Jessica Margaret Adhiambo Oyigo claimed rectification of the land register in respect of Title No. CR.13827/1 - Sub-division No. 1618 of Section 1 Mainland North, Mombasa County, alleging fraudulent lease registration in favour of the 1st Respondent Caffini Pierluigia. The Applicant sought a declaration of exclusive possession and possession of the land.
Issues
- Whether the instant suit was res judicata.
- Whether the Applicant was entitled to exclusive ownership and possession of the suit property.
Reasoning
The Court found that the Applicant's title to the property was clear and absolute, supported by legal documentation, and that the lease registration was fraudulent and without the Applicant's involvement.
Outcome
The Court granted the Applicant's claim for rectification of the land register and declared her exclusive possession and ownership of the suit property.
Orders
- Rectification of the land register in favour of the Applicant.
- Declaration of exclusive possession and ownership of the suit property.
Remedies
- Rectification of the land register.
- Declaration of exclusive possession and ownership of the suit property.
Authorities cited
Legislation (1)
- Land Registration Act, 2012.
Cases cited (1)
- Nelson Kivuvani v Yuda Komora & Another (1991) Nairobi HCCC No.956.
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