[2006] KEHC 2190 (KLR)
The court found that the plaintiff had proved his case on a balance of probabilities by demonstrating continuous possession of the suit land since 1975, production of a share certificate and payment receipt, and evidence of allocation by the land buying company. The defendants did not contest the claim or provide...
Source-derived case information.
- Citation
- [2006] KEHC 2190 (KLR)
- Parties
- Plaintiff: Loghan Njenga Waweru; Defendant: Damaris Muga Kamure; Defendant: Land Registrar – Nakuru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 240 of 2005
- Procedural Posture
- Civil Case / Judgment After Formal Proof; Default Judgment Entered
- Outcome
- judgment for the plaintiff
- Judges
- FI Koome
- Legal Topics
- Land Ownership, Title Cancellation, Fraudulent Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loghan Njenga Waweru
Plaintiff
Damaris Muga Kamure
Defendant
Land Registrar – Nakuru
Defendant
Procedural Posture
Civil Case / Judgment After Formal Proof; Default Judgment Entered
Legal Issues
- 1 Whether the plaintiff is the rightful owner of Molo South/Langwenda Block 12/423 (Marwa).
- 2 Whether the title deed issued to the 1st defendant was obtained fraudulently and should be cancelled.
- 3 Whether the plaintiff is entitled to a declaration of ownership and issuance of title.
Ratio Decidendi
The court found that the plaintiff had proved his case on a balance of probabilities by demonstrating continuous possession of the suit land since 1975, production of a share certificate and payment receipt, and evidence of allocation by the land buying company. The defendants did not contest the claim or provide any evidence to the contrary. The court held that the title deed issued to the 1st defendant was irregularly and fraudulently obtained, and that the plaintiff was entitled to a declaration of ownership and cancellation of the 1st defendant's title. The Land Registrar was ordered to cancel the irregular title and issue a proper title to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- Declaration that property known as Molo South/Langwenda Block 12/423 (Marwa) is the property of the plaintiff.
- The Land Registrar (2nd defendant) is compelled to cancel the title irregularly issued to the 1st defendant and issue the plaintiff with the same title.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 240 of 2005
LOGHAN NJENGA WAWERU………..……………PLAINTIFF?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
VERSUS
1. DAMARISMUGA KAMURE)
2. LANDREGISTRAR – NAKURU)…………..DEFENDANTS
J U D G M E N T
The Plaintiff Longhan Njenga Waweru filed this suit against Damaris Muga Kamure and Land Registrar, Nakuru.The Defendants despite having been served did not enter appearance and thus a default judgment was entered against the defendants.The matter came up for hearing by way of a formal proof and the plaintiff gave evidence in support of his claim.
The Plaintiff told court that he became a member of Ndeffo Co. Limited in 1975, which was a land buying company.He paid for membership and was issued with the receipt for membership and a share certificate No.3968. He was subsequently allocated Plot No.423 within the company’s parcel of land that is known as Molo South/Langwenda Block 12/423 which he took possession.
The plaintiff produced the share certificate and the payment receipt as exhibits.According to the plaintiff he has been in uninterrupted possession of the suit premises since1975. After the allocation of the members share in terms of respective plots the land buying company was dissolved.The names of the shareholders were registeredat the District Officer’s office and thereafter they were taken to Lands Office for purposes of processing the title deed.
It was on or about June, 2005, that the plaintiff discovered that his title for the same plot that he has been in occupation being plot No.423 was issued to DAMARIS MUGA KAMURE by the 2nd defendant.The plaintiff contends that he has never met the 1st defendant whose title he claims was issued fraudulently and illegally.
He therefore sought for orders of declaration that the Title Deed issued to the 1st defendant be cancelled and he be declared the rightful owner of land parcel described as Molo South/Lagwenda Block 12/423 Marwa
I have carefully considered the evidence by the plaintiff, the documents produced in support of his case, I am satisfied that he has been able to prove his case to the required standard.This suit was not defended and all the evidence and material presented to this court were not controverted.
Accordingly, I hereby enter Judgment for the plaintiff against the defendants jointly and severally by way of:-
a)A declaration that property known as Molo South/Langwenda Block 12/423 (Marwa) is
the property of the Plaintiff.
b)The second defendant is hereby compelled to
cancel the title irregularly issued to the 1st
defendant and issue the Plaintiff with the
same title.
c)The plaintiff shall also have the costs of this
suit to be paid by the 1st defendant..
It is so ordered.
Judgment Read and Signed on 28th April, 2006.
MARTHA KOOME
JUDGE