[2008] KEHC 1446 (KLR)

[2008] KEHC 1446 (KLR)

The court found that the registration of LR LTK/Entarara/145 in the names of the defendants was a procedural error resulting from the failure of the land authorities to notify the group to incorporate under the Land (Group Representative) Act. The evidence showed that the land was always intended to be held communally by the group, and the registration of the defendants as proprietors was as trustees for the group, not as absolute owners. The court held that the title issued to the defendants was not valid as it was contrary to the intention of the parties, the applicable law, and the requirements of the Land (Group Representative) Act. The court ordered rectification of the register to...

Citation
[2008] KEHC 1446 (KLR)
Parties
Plaintiff: Melton Lenkakurro; Plaintiff: Peter Merin Sesei; Plaintiff: Tungungua Ole Nteete; Plaintiff: Jackson Meliyio Risie; Plaintiff: Samuel Kayior Lolkinyiei; Plaintiff: Leluai Loowkarara; Plaintiff: Teketi Ole Lekisuma; Defendant: Taiko Moriati; Defendant: Seela Ole Moriati; Defendant: Parsanga Lenkinyi; Defendant: Riamet Ole Lenkere
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2008
Case Number
Civil Case 317 of 2004
Procedural Posture
Civil Case / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Group Ranch Ownership, First Registration, Rectification of Title, Customary Land Rights
Source Language
English
Land and Property Civil Procedure Group Ranch Ownership First Registration Rectification of Title Customary Land Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Melton Lenkakurro

Plaintiff

Peter Merin Sesei

Plaintiff

Tungungua Ole Nteete

Plaintiff

Jackson Meliyio Risie

Plaintiff

Samuel Kayior Lolkinyiei

Plaintiff

Leluai Loowkarara

Plaintiff

Teketi Ole Lekisuma

Plaintiff

Taiko Moriati

Defendant

Seela Ole Moriati

Defendant

Parsanga Lenkinyi

Defendant

Riamet Ole Lenkere

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the registration of LR LTK/Entarara/145 in the names of the defendants was valid under the applicable land laws.
  2. 2 Whether the plaintiffs, as representatives of Entarara Group Ranch, are entitled to rectification of the land register and ownership of the suit property.
  3. 3 Whether the defendants hold the suit land in trust for the group members under the Land (Group Representative) Act.

Ratio Decidendi

The court found that the registration of LR LTK/Entarara/145 in the names of the defendants was a procedural error resulting from the failure of the land authorities to notify the group to incorporate under the Land (Group Representative) Act. The evidence showed that the land was always intended to be held communally by the group, and the registration of the defendants as proprietors was as trustees for the group, not as absolute owners. The court held that the title issued to the defendants was not valid as it was contrary to the intention of the parties, the applicable law, and the requirements of the Land (Group Representative) Act. The court ordered rectification of the register to...

Court Disposition

judgment for the plaintiffs

Orders

  • The title LTK/ENTATARA/145 in the names of the defendants is cancelled.
  • The name of land LTK/Entarara/145 is to be substituted with Entarara Group Ranch as incorporated under the Land (Group Representative) Act.