Ogutu & Oduol t/a Airport Lakeside Resort v Ali & 3 others (Environment and Land Case Civil Suit E007 of 2022) [2026] KEELC 771 (KLR) (17 February 2026) (Judgment)

Facts

The Plaintiffs applied for and were allocated an unsurveyed parcel of land (the Plot) in Kisumu. They paid Kshs. 108,800 and received a receipt. The Plaintiffs engaged a licensed land surveyor to survey the plot and process the lease documents. The Plaintiffs paid Kshs. 146,500 for land rent and other fees to the 3rd Defendant's predecessor, the Commissioner of Lands. The Plaintiffs were told to wait after the payment.

Issues

1. Whether the Plaintiffs are the lawful owners of the suit property
2. Whether the property was registered in the name of the 1st Defendant illegally and fraudulently
3. Whether the Plaintiffs are entitled to the reliefs sought in their amended plaint

Reasoning

The Plaintiffs proved that the suit property was allocated to them, paid the requisite fees, surveyed the property, and had a parcel number given to it. The burden shifted to the 1st Defendant to prove a better title than the Plaintiffs. The court investigated the chain of processes that gave rise to the two titles to determine which should be upheld.

Outcome

The Plaintiffs' claim is upheld.

Authorities cited