Manasseh Yamina Sasida v Jane K. Isanda & 3 others [2017] KEHC 8935 (KLR)
- Court
- High Court of Kenya
- Case number
- 8935
- Citation
- [2017] KEHC 8935 (KLR)
- Decided
- 4 July 2017
The court finds that the registration of the land in the 2nd Defendant's name was improper and orders its cancellation, with the land registered in the Plaintiff's name.
Facts
The Plaintiff, Manasseh Yamina Sasida, claimed that he purchased a plot of land from the 1st Defendant, Alfred Mathenge Ngari, and that the Chief Land Registrar issued a title in favor of the 2nd Defendant. The 1st and 2nd Defendants did not enter appearance, while the 3rd Defendant filed a defense denying the allegations.
Issues
- Whether the Plaintiff is the rightful owner of the land
- Whether the registration of the land in the 2nd Defendant's name was proper
Reasoning
The court held that the registration was done illegally and unprocedurally, and that the Plaintiff has a possessory right which qualifies him to be the registered owner.
Outcome
Judgment in favor of the Plaintiff, with the land registered in his name.
Orders
- Cancellation of the title in favor of the 2nd Defendant
- Rectification of the title in favor of the Plaintiff
Remedies
- Rectification of the land register
- Costs awarded to the Plaintiff
Authorities cited
Legislation (1)
- Land Registration Act
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