[2024] KECPT 1719 (KLR)

Muigai v Hill & 2 others (Tribunal Case 240 of 2016) [2024] KECPT 1719 (KLR) (3 October 2024) (Judgment)

Neutral citation: [2024] KECPT 1719 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 240 of 2016

BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

October 3, 2024

Between

Peter Muigai

Claimant

and

Kenton Kijabe Hill

1st Respondent

The Liquidator , Kenton Kijabe Hill Co-Operative Society

2nd Respondent

Limuru Elite Properties

3rd Respondent

Judgment

1. The matter for determination is vide a Statement of Claim dated 1952016 filed on 2052016. The Claimant’s claim is for relief against the 1st, 2nd and 3rd Respondent jointly and severally for;a.A declaration that the approval of transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 by the 1st Respondent to the 3rd Respondent was fraudulent.b.A declaration that the 3rd Respondent holds title to L.R NO. LONGONOTKIJABE BLOCK 3414 in trust for the Claimant.c.A declaration that the Claimant is the beneficial owner of L.R NO. LONGONOTKIJABE BLOCK 3414. d.An order restraining the 3rd Respondent itself, its agents, servants or independent contractors from disposing of, creating a charge over, leasing out, exchanging or giving away L.R NO. LONGONOTKIJABE BLOCK 3414 until this Claim is heard and determined or further Orders of this Tribunal.e.An order for the cancellation of Title Deed to L.R NO. LONGONOTKIJABE BLOCK 3414 andor Order directing the 1st Respondent to givecompensatetransfer the Claimant an alternative parcel of land equal in size, quality and layout and in the same neighborhood of L.R NO. LONGONOTKIJABE BLOCK 3414.

2. The Claimant avers in 16121980 his parents Kimani Ngotho and Eunice Wakanyi became shareholders of the 1st Respondent and were issued with Share Certificates No. 1411 which they transferred to the Claimant.By virtue of Claimant’s parent’s shareholding, they became entitled to ownership of 2 parcels of land measuring 6. 50 acres represented by ballot card no. 730 A for 1 acre and ballot card no 414 for 5 and half (12 )acres.

3. On 2981991, the Respondent cleared the Claimant and approved his acquisition and issuance of Title Deed for plot no. 730 A and 414 B and in the year 2000, the Claimant obtained Title Deed for L.R NO. LONGONOTKIJABE BLOCK 32260 measuring 1 acre.In April 2014, the Claimant went to the 1st Respondent’s offices to pay clearance fees for Title Deed L.R NO. LONGONOTKIJABE BLOCK 3414 where he was informed by the 1st Respondent that L.R NO. LONGONOTKIJABE BLOCK 3414 had been transferred to the 3rd Respondent in March 2014. The Claimant claim the transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 to other persons was illegal and fraudulent on part of the 1st Respondent.

4. The Claimant alleges fraud on part of the 1st, 2nd and 3rd Respondent and the particulars of fraud are;a.The 1st and 2nd Respondent acted fraudulently and irregularly by creating a new Title Register wherein they deliberately omitted the Claimant’s name as the owner of parcel no. 414 and assigned the said parcel no. 414 to one ELIZABETH MUGURE MWANGI. The old Title Register maintained by the 1st and 2nd Respondent indicates that parcel no 414 belongs to the claimant.b.The 1st and 2nd Respondents acted fraudulently by creating two Share Certificates bearing same number but issued to different shareholders to facilitate the illegal transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 to the 3rd Respondent.c.The 1st and 2nd Respondent acted fraudulently by colluding with its officers and staff and illegally transferring parcel no. L.R NO. LONGONOTKIJABE BLOCK 3414 to its Records-keeper one STEPHEN KARIUKI GICHEHA through whom the suit land was transferred to the 3rd Respondent.d.Fraudulently making double allocations of plots Numbers with the sole aim of depriving genuine shareholders and selling their plots to non-shareholdersnon-members.e.The 3rd Respondent colluded with 2nd Respondent and its staff [STEPHEN KARIUKI GICHEHA] and financed the fraudulent transaction that led to issuance of Title Deed to L.R NO. LONGONOTKIJABE BLOCK 3414 to itself.The Claimant prays for;SUBPARA a.A declaration that the approval of Transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 by the 1st Respondent to the 3rd Respondent was fraudulent.SUBPARA b.A declaration that the 3rd Respondent holds title to L.R NO. LONGONOTKIJABE BLOCK 3414 in trust for the Claimant.SUBPARA c.A declaration that the Claimant is the beneficial owner of L.R NO. LONGONOTKIJABE BLOCK 3414. SUBPARA d.An Order restraining the 3rd Respondent itself, its Agents, servants or independent contractors from disposing of, creating a Charge over, leasing out , exchanging or giving away L.R NO. LONGONOTKIJABE BLOCK 3414 until this Claim is heard and determined or further Orders of this Tribunal.SUBPARA e.An order for the Cancellation of Title Deed to L.R NO. LONGONOTKIJABE BLOCK 3414 andor Order directing the 1st Respondent to give compensate transfer to the Claimant an alternative parcel of land equal in size, quality and layout and in the same neighborhood of L.R NO. LONGONOTKIJABE BLOCK 3414. SUBPARA f.An order that the 1st, 2nd and 3rd Respondent do pay the Claimant costs of this suitClaim.

5. The Claimant filed List of Documents dated 1952016 on 2052016 which documents include;1. Share certificate No. 1411 dated 16th December, 1980. 2.Ballot card Nos. 730 “A” and 414. 3.Letter dated 29th August, 1991 from the CO-OPERATIVE OFFIVER – NAIVASHA.4. Share Certificate No. 202 dated 5th November, 1969 [originally with the name of ELIZABETH MUGURE MWANGI].5. Share certificate No. 202 dated 5th November, 1969 in the name of DAVID KINUTHIA IGUANYA.6. Copies of old title registers.7. Copy of Ballot Card Nos. A729 and 414 for ELIZABETH MUGURE MWANGI,8. Copy of the newcurrent Title Register.9. Transfer forms used by 1st Respondent in 1993 and 2014 concerning L.R NO. LONGONOTKIJABE BLOCK 3414. 10. Minutes of the 1st Respondent’s meeting held on 1451993. 11. Search Certificate on L.R NO. LONGONOTKIJABE BLOCK 3414.

The Claimant also filed another List of Document dated 14102019, filed on 18102019 which included;SUBPARA 1. Register of members.SUBPARA 2. Letter dated 11th July, 2018 and annexures thereto.SUBPARA 3. Copy of part of old Title Register.SUBPARA 4. Land Transfer Form.SUBPARA 5. Minutes of meeting held on 14593. SUBPARA 6. Decree in MISC. APPLN. NO. 68 OF 2015 and Judgement of the APPEAL.SUBPARA 7. Copy of Identity card for ELIZABETH MUGURE MWANGI.SUBPARA 8. Copy of Share Certificate No. 202. SUBPARA 9. Copy of Ballot Card.SUBPARA 10. Copy of Receipt dated 10568, 14593, 10382. SUBPARA 11. Copy of Title Deed to L.R NO. LONGONOTKIJABE BLOCK 3414 [Kenton Kijabe].SUBPARA 12. Land Allotment Register (part)SUBPARA 13. Search for L.R NO. LONGONOTKIJABE BLOCK 3414 [Kenton Kijabe], Stamp Duty Form and Receipt.SUBPARA 14. Transfer of plot no 792 (a) Certificate No. 340. SUBPARA 15. Ownership documents for the plot in dispute.SUBPARA 16. Share Certificate for share No. 202. The Claimant filed Witness Statement of Wachira Gikonyo dated 2862019 filed on 572019. 6. The 2nd Respondent filed a Statement of Defence dated 2962016 where they denied the Claimant’s averments.The 2nd Respondent avers that the 1st Respondent ceased to exist upon cancellation of its Certificate of Registration in 1993 when it was put in liquidation. Further, the 2nd Respondent avers that the Claimant is not a member of Kenton Kijabe Hill Co-operative Society.The 2nd Respondent avers the approval of share transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 by the 1st Respondent was lawfully and properly executed by the Management Committee which is the only mandated organ to transact business on behalf of the 1st Respondent thus fraud is denied.The 2nd Respondent denied the 3rd Respondent held title no L.R NO. LONGONOTKIJABE BLOCK 3414 in trust for the Claimant and any inference to a trust is intended to steal the 3rd Respondent’s property.

7. The 2nd Respondent filed a List of Documents which included;1. The Cooperatives Societies Act cap 490. 2.The 1st Respondent’s by-laws.3. The Respondents’ balloting control record certificate and Balloted plots.4. Payment of membership entrance fee receipt, payment of survey fees Receipt no 0663, Share Certificate no. 202, identitly card and land transfer form for Elizabeth Mugure Mwangi.5. The 1st Respondents’ Committee meeting minutes of 14th May 1993 ratifying transfer of share certificates no. 202 from Elizabeth Mugure Mwangi to Reuben Chege Mwangi and Stephen K. Gicheha.6. Payment receipt no. 0694 of transfer fees by Reuben Chege Mwangi and Stephen K Gicheha.7. Land Transfer from Share Certificate no. 202 by Reuben Chege Mwangi and Stephen K. Gicheha to Limuru Elite Properties.8. An altered share certificate of Kimani Ngotho and Eunice Wakanyi Ngotho.9. An Affidavit of Peter Mwigai declaring that he is Kimani Ngotho.10. A letter by Kimani referring himself as a minor and transferring a share certificate to his mother Eunice Wakanyi Ngotho.11. Committee meeting minutes of 2111985 which dismissed the 1st Respondent’s clerk following alterations of share certificates.12. KRA and KCB receipts for payment of stamp duty by Limuru Elite Properties.13. Copy of title deed no. L.R NO. LONGONOTKIJABE BLOCK 3414 (KENTON KIJABE) registered in the name of Limuru Elite Properties.

8. The 3rd Respondent filed a Statement of Defence dated 572016 filed on even date where the 3rd Respondent denied the Claimant’s Claim having not established a reasonable cause and ought to be dismissed. It denied the contents of the Statement of Claim. The 3rd Respondent averred it acquired ownership of the suit property on 1st April 2014 when issued with the title document pursuant to a valid sale transaction between the 3rd Respondent and the registered owners; Reuben Chege Mwangi and S. K. Gichuki. The 3rd Respondent avers it is a bonafide purchaser of suit property for valuable consideration. The 2nd Respondent filed Witness Statement sworn by Naftali Omari dated 7112017 filed on 17112017The Claimant filed Witness Statement of his Witness Simon Mbugua Gathu dated 2862019 filed on 572019. The Witness Statement of David Kinuthia dated 2862019 on 572019 and the Claimant filed Witness Statement dated 2862019 on 572019The 3rd Respondent filed a List of Documents dated 192021 n 892021 which included;1. CERTIFICATE OF REGISTRATION of Limuru Elite Properties.2. TITLE DEED for L.R NO. LONGONOTKIJABE BLOCK 3414 (Kenton Kijabe).3. OFFICIAL SEARCH L.R NO. LONGONOTKIJABE BLOCK 3414 (Kenton Kijabe).4. SALE AGREEMENT FOR L.R NO. LONGONOTKIJABE BLOCK 3414 (Kenton Kijabe).

9. The matter proceeded for hearing on 2122023 with the Claimant Witness 1 – Peter Muigai (acting in person) adopting his Witness Statement filed on 2012023 and Witness Statement dated 30122023 and 862023 as his Evidence- in -Chief.He produced his documents as exhibit that is, List of Documents dated 14th October, 2019 marked as Claimant Exhibit 1.

10. During Cross-examination, he said he was a member of Kenton Kijabe the 1st Respondent herein. He could not confirm if he was in the members’ register. He stated that he is member number 1045 as per Document 50 Claimant’s document which is named Kimani Ngotho.He later confirmed his name is not in the register.On Cross-examination, he stated his father proposed him to be the next of kin. He did not have letters of Administration. When asked whether he claimed for plot no. 414 in the year 2001, he stated the liquidator inform him he was to change the title deed number.He stated he made effort to get the 2nd title and had applied for the title deed. Mr. Mwagere the liquidator then had suspended issuance of Title Deed.He did not have evidence of having applied for plot no 414.

11. The Claimant confirmed that there is a difference between plot 414 and 414B. it was to differentiate the two plots.He stated original owner of plot 414 was Elizabeth Mugure who transferred it to Reuben Chege Mwangi and later Stephen Kariuki Gichaha and who subsequently transferred to Limuru Elite Property. The Claimant confirmed the processing of title was done according to the new register.He stated the transfer as per page 109,112 and 113 of Claimant’s documents was done by Mwagere (the liquidator) who ceased being a liquidator in 2009. He alleges there was a forgery.

12. The Respondent also proceeded with their case with Respondent Witness 1 Peter Githii giving evidence as the Chairman of Limuru Elite Properties.He adopted his witness Statements dated 192021 filed on 892021 as his Evidence- in- Chief.He produced his List of Documents dated 192021 filed 892021 as Respondent Exhibit 1 as a bundle a – d. he stated they purchased land as a group and sub divided the land.

13. On Cross-examination he confirmed they did not go to the land control board as the land did not have a title. He stated he confirmed that land 414B belonged to Reuben and Stephen Kariuki as they went to the Liquidator and Registrar of lands to confirm ownership.He stated further in Cross-examination that they applied for the title deed as a group as page 97 and 98 of Respondent’s documents title deed was issued on 142012 and registration of documents was done on 243014. Page 101 of Documents, the Respondent Witness 1 confirmed land transfer was from Reuben Chege to Limuru Elite Property and page 102 of documents land transfer form from Elizabeth Mugure Mwangi to Stephen Kariuki Gichanga to show they did a search on the land.

14. The 1st and 2nd Respondent’s case proceeded on 1812023 with Respondent Witness 2 Naphtali Omari testifying. He stated he is the Liquidator of the 1st Respondent.He adopted his Witness Statement dated 7112017 as his evidence in Chief.On Cross examination, he confirmed the land was in two blocks i.e. block 3 and 9He confirmed each shareholder was allocated 6. 5 acres of land; 1 acre separately and 5. 5 acres separately. The Respondent Witness 2 confirmed the 1st Respondent had by-laws which provided for the next of kin.He further stated in mid 1980s a group of shareholders found out that some land was not allocated and there was a committee to look into it.He could not confirm if the plots had new numbers or whether there was such an order given.

15. When asked about the Respondent’s document filed on 172016 page 6, Share Certificate of Elizabeth Mugure as compared to Page 26 Claimant’s documents issued to David Kinuthia issued on 5112019, he stated the Certificate no. 202 issued to Elizabeth Mugura is the authentic one.The one issued to David Kinuthia is not in their records.He further stated, he could not explain how Elizabeth Mugure Mwangi got a shareholder certificate in 1969. Though it would not have been possible for her to vote as her ID was issued in 1987 and Certificate issued in 1982. He could not explain the minutes of Meeting held on 1452993 where it was documented using new generation ID Card for Reuben Chege MWangi and Stephen Gachuhi.He could not commit himself to Claimant’s documents page 72 when asked about it.However, he confirms having issued document in page 74 Claimant’s documents.He stated he transferred land to 3rd Respondent under provision of Cooperative Societies Act.

16. The Respondent Witness 2, the Liquidator confirmed that the Claimant went for his land title for the 5. 5 acres. However, when he looked into the register 414 was belonging to someone else.The Respondent Witness 2 could not respond when asked by the Claimant about the letter he had from lands office that his name is on the register.He stated that he is using the register given to him by his predecessor.

17. On further cross examination by the 1st Respondent’s Advocate, he confirmed he was the custodian between 2010 – 2021. He said there is only one register from the previous liquidator. Any other register is not official.He confirmed that L.R NO. LONGONOTKIJABE BLOCK 3414 (Kenton Kijabe) is the property in dispute. It has been transferred three times.He confirmed Elizabeth Mugure Mwangi was an original member of Kenton.He confirmed he transferred the property to Limuru Elite and a title was issued. The Respondent Witness 2 Confirmed in Re-examination that the Claimant was not a member and does not appear in the register. He further confirmed that the Claimants parents that is, Kimani Ngotho and Wakanyi Ngotho were not members of the Respondent.

18. Parties were directed to file Written Submissions.The issues for determination are:Issue One.Whether the Claimant is a member or whether his parents were members.Issue Two.Who is the owner of Kenton Kijabe Block 3. Who is the owner of L.R NO. LONGONOTKIJABE BLOCK 3414?Issue One.Whether the Claimant is a member of the Society?The Cooperative Societies Act Section 76 (1) is clear that disputes between the Society, its members and plot members shall be referred to the Tribunal.From the evidence adduced by the parties, it is clear the Claimant is not a member of the 1st Respondent. However, he is the son of past members.The Claimant has produced Share Certificate of number 1411 which belonged to Kimani Ngotho and Eunice Wakanyi Ngotho.By virtue of the Claimant following case on behalf of past members, the same is properly in court. The said Kimani Ngotho and Eunice Wakanyi Ngotho were past members not disputed by the Respondent.

19. Issue Two.Is the Claimant right to lay a claim on plot no. 414 Kenton Kijabe Hill Farmers Co-operative Society Ltd L.R NO. LONGONOTKIJABE BLOCK 3414?The history of the case is that the Respondent’s members were each to get 2 parcels of land that is, 1. 1 acre and 5. 5 acres.This fact was not disputed by the Respondents during the making of the case. The claimant has averred they had;Plot no. 730 (A) – 1 acre,Plot no 414 (B) - 5. 5 acres.The Claimant rightly has in his possession 1 acre from plot no 730 (A).During trial, he averred when he went to make payment for the 5. 5.acre plot no. 414(B) is when his nightmare began.His testimony was that, he applied for title deed in the year 2000. However, he only got one title deed for land No. 2260. In 2014, he stated he got word of people inspecting his land and in February, 2014, he met the liquidator then Omari. In April, 2014, he paid for his title and that is when the liquidator informed him the register had other names.The Claimant avers there was a time suspension was in place against issuing title deed. This was confirmed by the 2nd Respondent, that is, Liquidator. It is at this time when the Claimant later went to follow up, he was infirmed there was new numbers and his name was not there.The Claimant avers the balloted documents page 7 and 8 had the father’s name.

20. During trial, page 20 of the Respondent’s documents showed owner of plot 414 as Elizabeth Mugure Mwangi transferred to Reuben Chege Mwangi and Stephen Kariuki Kichaha and subsequently to Limuru Elite Property.On Cross-examination, he stated that the transfer 5111969 is a forgery compared to page 32. Indeed on close examination of the documents, they are different.Further, we take note that the letter dated 1172018 to the Claimant from the District Land Registrar stated and admitted it was indeed irregular for his name to have been cancelled without notification and consent.In the said letter paragraph 6, “… Stephen Kariuki Gichaha is the agent who solely represents the Liquidator Kenton Kijabe on all matters of Naivasha Land registry. He should thus be given an opportunity to be heard on how he ended up acquiring your member’s ballot number 414…”We reiterate paragraph 7 of the same letter.“Kenton Kijabe Hills Co-operative Society though liquidated is answerable to the Co-operative Tribunal and it is advisable that you present your grievance to them for a just hearing and determination of your case…”

21. We have observed the sentiments of the Land Registrar then and noting they had handled the matter and know the nature of the case and the intricacies therein for an official to write such a letter speaks volumes of the Liquidator and the 1st Respondent as to the conduct of their business.We therefore cannot turn a blind eye to the contents of the said letter. We have also considered the various documents from the 1st Respondent which indicate that Elizabeth Mugure Mwangi was registered to plot No. 414 Longonot Kijabe and transfer the property in March 2014, he time when the Claimant’s woes began.The question which was not answered during trial is how as per the Claimant’s documents there is a share certificate no. 202 from the 1st Respondent Kenton Kijabe Hill Co-operative society share certificate with a transfer from Elizabeth Mugure Mwangi to Reuben Chege Mwangi and Stephen Kariuki Gichaha which is dated 5111969 which the Claimant avers it is not genuine.We are inclined to believe this side of the argument because page 7 of the Claimant’s documents has an expert of the new ballot register which indicated the transfer was done on 1451993 to Reuben Chege Mwangi and Stephen Kariuki Gichaha while the share certificate reads the transfer was registered on 5111969. As such, with the discrepancies in the 1st Respondent documents and inability of the 2nd Respondent to respond to pertinent questions during trial citing he was not the person responsible at the time and merely denying the Claim. We are inclined to believe the Claimant in this respect to Plot no. L.R NO. LONGONOTKIJABE BLOCK 3414 indeed or can be said to have rightly been the Claimants.

22. Issue Three.Whether the 3rd Respondent should suffer for the mistakes if 1st and 2nd Respondent?The 3rd Respondent has been sued in this case as the current registered owner of the piece of land that is in dispute. For sure Limuru Elite Properties can be and is the Classical Case of bonafide purchaser for value.Question – Are they (the 3rd Respondents) the perpetrators of the current situation or any alleged illegal dealings?The response is NO.The land was sold to them by Reuben Chege Mwangi and Stephen Kariuki Gichaha which land had been transferred by Elizabeth Mugure Mwangi the genesis of the problem.Nothing in the proceedings show Elizabeth Mugure MWangi was a member in the old register and how she transitioned to the new register being used to allocate the land with plot 414 now being in dispute.

23. Who is a bonafide purchaser for value without notice?A good faith buyer who has paid the stated price for a property without knowledge of existing claims or equitable interests.The 3rd Respondent that is, Limuru Elite Property aver they fall under this category.Section 80(2) Land Registration Act states.‘the Register shall not be rectified to affect the title of a proprietor who is in possession and acquired the land, lease or charge for valuable consideration unless the proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought or caused such omission, fraud or mistake or substantiating contribution to it by any act, neglect or Defence.”It is clear from the evidence adduced, the conduct of the 2nd Respondent on how the land was allocated following the new register is suspicious and not done in an open manner. There are many questions than answers to how the new register came about and what were used to verify the numbers.It portrays the negligent transactions that took place.

24. The CA pronounced itself in this matter.CA E050 of 2023. (2024) KECA 866(KLR) 26th July, 2024. Justice SG KairuMuyor JLaibuter JJA reiterated the judgement in the case of Kukai & Another (Administrator of the Estate of the Late Jasen Kuhenlik –vs- Kibutha Civil Appeal 339 of 2018 [2023] KECA 742 (KLR)The Court through Mutungi J affirmed the standards of due diligence in the case of Esther Ndegi Njiru & Another –vs- Leonard Gatei [2014]eKLR, where the judge held;“The rampant cases of fraudulent transactions involving title to land has rendered it necessary for legal practitioners dealing with transactions involving land to carry out due diligence that goes beyond merely obtaining a Certificate of search.Article 40(6) of the Constitution removes protection of title to property that is found to have been unlawfully acquired. This provision of the constitution coupled with the provision of Section 26(1) a and b Land Registration Act in my view places a responsibility to purchasers of title properties to ascertain the status of a property beyond carrying out an official search.In this era when there are many cases of what has been described as “grabbed public land” it is essential to endeavor to ascertain the history andor root of the title…”As such, we ask ourselves if the 3rd Respondent did more than a mere search. However, we observe even if the 3rd Respondent did the search, there was a new register with the names of Elizabeth Mugure Mwangi – later to Reuben Mwangi and Stephen Kariuki Gichaha.We find the 3rd Respondent indeed a bonafide purchaser for value without notice.

25. Looking into the prayers in the Statement of Claim and Statement of Defence, the 1st and 2nd Respondent is not merited. The 3rd Respondent’s Defence prayer b and c of the Statement of Claim cannot be sustained because the said L.R NO. LONGONOTKIJABE BLOCK 3414 has a bonafide registered owner who ought not to be disturbed.Prayer d is equally not sustainable because cancelling title deed to L.R NO. LONGONOTKIJABE BLOCK 3414 would be opening a Pandora box which would not serve any justice.

26We order the 1st and 2nd Respondent to give alternative parcel of land equal in size, quality and layout in the same neighborhood of L.R NO. LONGONOTKIJABE BLOCK 3414.

27Case against 3rd Respondent is dismissed with no orders as to costs

28The Claimant’s Claim is merited having raised triable issues.

29Thus, on a balance of probabilities we enter judgement in favour of Claimant against the 1st and 2nd Respondent jointly and severally for;a.A declaration that the approval of transfer of L.R NO. LONGONOTKIJABE BLOCK 3414 by the 1st Respondent to the 3rd Respondent was fraudulent-grantedb.A declaration that the 3rd Respondent holds title to L.R NO. LONGONOTKIJABE BLOCK 3414 in trust for the Claimant- fails.c.A declaration that the Claimant is the beneficial owner of L.R NO. LONGONOTKIJABE BLOCK 3414- failsd.An order restraining the 3rd Respondent itself, its agents, servants or independent contractors from disposing of, creating a charge over, leasing out, exchanging or giving away L.R NO. LONGONOTKIJABE BLOCK 3414 until this Claim is heard and Determined or further Orders of this Tribunal- failse.An order for the cancellation of Title Deed to L.R NO. LONGONOTKIJABE BLOCK 3414 andor Order directing the 1st Respondent to givecompensatetransfer the Claimant an alternative parcel of land equal in size, quality and layout and in the same neighborhood of L.R NO. LONGONOTKIJABE BLOCK 3414-fails

30However, in the interest of justice and Section 3A Civil Procedure Act, we find 1st and 2nd Respondents responsible for the loss of the Claimant for land which he was entitled to.

31We order for the 1st and 2nd Respondent , the Claimant is entitled to land from 1st and 2nd Respondent to the tune of 5. 5 acres.

32Costs and interest.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF OCTOBER, 2024. HON. B. KIMEMIA CHAIRPERSON SIGNED 3. 10. 2024HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024HON. BEATRICE SAWE MEMBER SIGNED 3. 10. 2024HON. FRIDAH LOTUIYA MEMBER SIGNED 3. 10. 2024HON. PHILIP GICHUKI MEMBER SIGNED 3. 10. 2024HON. MICHAEL CHESIKAW MEMBER SIGNED 3. 10. 2024HON. PAUL AOL MEMBER SIGNED 3. 10. 2024Tribunal Clerk MutaiMuriuki Advocate for the 1st and 2nd Respondent.Ms. Irungu advocate holding brief for Mr. Ngatia Kamau for the 3rdPeter Mungai- No appearanceMuriuki advocate -We seek leave to appeal.Tribunal Order: Leave to appeal granted.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 3. 10. 2024