Chrispinus Andera Mangeni v Agnes Auma Oduor [2014] KEHC 2381 (KLR)
- Court
- High Court of Kenya
- Case number
- 2381
- Citation
- [2014] KEHC 2381 (KLR)
- Decided
- 2 October 2014
The Court orders that the acreage on the ground is 3.5 acres, not 5.5 acres as indicated on the title. The Court orders a survey to establish the exact acreage and rectify the title if necessary.
Facts
Joseph Adingo Odindibale died intestate in 1995, leaving an estate including land parcel Bukhayo/Nasewa/1251. The parties agreed to a consent order in 2011 revoking an earlier grant and issuing a new one in joint names of the petitioner and objector. Agnes Auma Oduor, as co-administrator, participated in the distribution proceedings. Chrispinus Andera Mangeni claimed he purchased 1.5 acres, while Agnes claimed she bought 3 acres from the deceased.
Issues
- Determine the correct acreage of the land on the ground and rectify the title accordingly.
- Establish the priority of the interests in the land based on the time of purchase.
Reasoning
The Court applies the principle of first in time, first in right, as provided by the Law of Equity. The purchase by Olayo was first in time, so his interest in the land prevails.
Outcome
The Court orders the rectification of the title to reflect the correct acreage and appoints the County Surveyor to carry out the survey.
Orders
- The change in the register to Bukhayo/Nasewa/1251 on 8.9.2008 is reversed.
- The Government Surveyor is to carry out a survey to establish the exact acreage on the ground.
- The County land Register shall rectify the title if necessary.
- Both parties shall share the cost of the survey exercise.
Remedies
- Rectification of the title to reflect the correct acreage.
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