Lucy Njeri Ngunyangi & 3 others v Chief Land Registrar [2012] KEHC 5761 (KLR)
- Court
- High Court of Kenya
- Case number
- 5761
- Citation
- [2012] KEHC 5761 (KLR)
- Decided
- 30 July 2012
The plaintiffs are restrained from changing the land's registration and are declared as the legal owners of the land. The Chief Land Registrar is ordered to give consent to the plaintiffs' proposed sale.
Facts
Lucy Njeri Ngunyangi and others filed a civil suit against the Chief Land Registrar over a parcel of land registered in the name of Mahinda Joseph Mbuthia. The plaintiffs claimed the land was theirs and sought to sell it, but the Chief Land Registrar refused consent, claiming the land belonged to the plaintiffs' late husband and two other individuals.
Issues
- Ownership of the land
- Consent to sell the land
- Injunction against changing the land's registration
Reasoning
The court found that the plaintiffs were registered as owners of the land in trust and that the land belonged to them. The court also noted that the plaintiffs were aware of other individuals claiming ownership but chose not to sue them.
Outcome
Plaintiffs win
Orders
- Ordering the Chief Land Registrar to restrain from changing the land's registration
- Ordering the Chief Land Registrar to give consent to the plaintiffs' proposed sale
Remedies
- Injunction against changing the land's registration
- Consent to sell the land
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