Wainaina (Suing as the personal representative of Paul Wainaina Gitembei) v Ndungu & 2 others (Environment and Land Case E035 of 2022) [2026] KEELC 95 (KLR) (22 January 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 95
- Citation
- [2026] KEELC 95 (KLR)
- Decided
- 22 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Registration DisputePostureAppeal from a previous judgmentCoramJM ONYANGO, KLR Munyao
Holding
The Plainti is the lawful owner of the suit property and is entitled to the reliefs sought save for damages.
Facts
The deceased, Paul Wainaina Gitembei, purchased the suit property from Juja Farms Ltd. The 1st Defendant, Joseph Kiome Ndungu, registered the property in his name without following due process. The Plainti, Agnes Wanjiru Wainaina, seeks revocation of the title and reinstatement in the deceased's name.
Issues
- Whether the Plainti has proved her case on a balance of probabilities.
- Whether she is entitled to the reliefs sought.
Reasoning
The Plainti's evidence and the original title held by her late husband indicate that the 1st Defendant obtained the title unlawfully. The court finds the 1st Defendant does not hold a good title.
Outcome
Judgment for the Plainti
Orders
- A declaration that the registration of the suit property in the 1st Defendant's name was unlawful.
- Revocation and cancellation of land title number Ruiru East/Juja East Block2/1486 in the 1st Defendant's name.
- Reinstatement of the title to the suit property in the name of Paul Wainaina Gitembei (deceased).
Remedies
- Damages for loss of use are not granted.
Authorities cited
Legislation (1)
- Land Registration Act, Section 26
Cases cited (2)
- Elijah Makeri Nyangwara v Stephen Mungai Njuguna & Another (92013) eKLR Munyao J
- Ngari & Another v Ochengo & Ogut (Third Party) ELC Case No. E002 of 2023
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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