[2023] KEELC 16412 (KLR)
The court found that the plaintiff was the registered proprietor of Njoro/Ngata Block 2/215 since 1985, having paid the required consideration and been issued with a land certificate. The closure of the register and creation of new titles in 2018 was an error, as admitted by the Land Registrar. There was no evidence...
Source-derived case information.
- Citation
- [2023] KEELC 16412 (KLR)
- Parties
- Plaintiff: Mary Wanjiru Mwangi; Defendant: Jacob Kimani Mwangi; Defendant: District Land Registrar Nakuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E1 of 2022
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Plaintiff's claim allowed in part; register to be rectified; no order as to costs.
- Judges
- A Ombwayo
- Legal Topics
- Land Registration, Rectification of Register, Fraudulent Transfer, Proprietary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiru Mwangi
Plaintiff
Jacob Kimani Mwangi
Defendant
District Land Registrar Nakuru
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the closure of the register for title Number Njoro/Ngata Block 2/215 and creation of new titles was illegal and fraudulent.
- 2 Whether the plaintiff is the lawful proprietor of land parcel Njoro/Ngata Block 2/215.
- 3 Whether the register should be rectified to reinstate the plaintiff as proprietor.
Ratio Decidendi
The court found that the plaintiff was the registered proprietor of Njoro/Ngata Block 2/215 since 1985, having paid the required consideration and been issued with a land certificate. The closure of the register and creation of new titles in 2018 was an error, as admitted by the Land Registrar. There was no evidence of fraud or valid basis for the subdivision and registration of new titles. The plaintiff’s proprietary rights had been unlawfully interfered with, and the register was ordered to be rectified to reinstate her as the proprietor. The court declined to award costs as the 2nd defendant admitted and corrected the error.
Court Disposition
Plaintiff's claim allowed in part; register to be rectified; no order as to costs.
Orders
- The 2nd defendant shall rectify the register to Title Number Njoro/Ngata Block 2/215 by cancelling registration of title numbers Njoro/Ngata Block 2/7686-7695 and reinstating the original title in the plaintiff’s name.
- A declaration is granted that the plaintiff is the lawful proprietor of land parcel title number Njoro/Ngata Block 2/215 to the exclusion of all others.
Full Case Text
Judgment text and source record
30 paragraphs
Mwangi v Mwangi & another (Environment & Land Case E1 of 2022) [2023] KEELC 16412 (KLR) (23 March 2023) (Judgment)
Neutral citation: [2023] KEELC 16412 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E1 of 2022
A Ombwayo, J
March 23, 2023
Between
Mary Wanjiru Mwangi
Plaintiff
and
Jacob Kimani Mwangi
1st Defendant
District Land Registrar Nakuru
2nd Defendant
Judgment
1. Mary Wanjiru Mwangi herein referred to as the plaintiff has come to court against Jacob I Kimani and District Land Registrar Nakuru vide plaint amended on May 4, 2022 and filed on April 17, 2022 she states the sometimes in September 2021 she became aware that the said land had been closed for sub-division. The plaintiff avers that the defendants, had interfered with the land record relating to title Number Njoro/Ngata Block 2/215 by closing the said parcel for sub-division illegally and unprocedurally and creating title numbers Njoro/Ngata Block 2/7686-7495.
2. The plaintiff avers that the defendant’s actions have interfered with the plaintiff’s right of use of the said parcel and any dealings relating to the land.
3. Despite being notified of that its actions were illegal the defendants refused and/or rubbished the plaintiffs claim necessitating this action. There is no other suit pending in any court or determined between the plaintiff and the defendants on the same subject matter. The plaintiff avers that this court has jurisdiction to adjudicate over this matter. The plaintiff prays for a declaration that the registration of the 1st defendant as the proprietor of those parcels known as Njoro/Ngata Block 2/7686-7695 was fraudulent, null and void and conferred no proprietary right over the land to the 1st defendant.
4. He further prays for a declaration that the 2nd defendant’s action of closing the register to title Number Njoro/Ngata Block 2/215 and creating title numbers Njoro/Ngata Block 2/7686-7695 was illegal, null and void.
5. She prays for an order that the 2nd defendant does rectify the register to Title Number Njoro/Ngata Block 2/215 by cancelling registration of title number Njoro/Ngata Block 2/7686-7695 and reinstating the original number title number Njoro/Ngata Block 2/215 registered in the plaintiff’s name.
6. She further prays for a declaration that the plaintiff is the lawful proprietor of the land parcel title number Njoro/Nata Block 2/215 to the exclusion of all others. Lastly, she prays for costs of the suit
7. The 2nd defendant filed defence denying knowledge of the plaintiff’s allegations and denying any illegality or fraud.
8. When the matter came up for hearing the plaintiff testified that she is a farmer living in Nakuru. She relied on her statement dated December 20, 2021 and filed on January 17, 2022. She claimed that she was allocated the land and registered as proprietor of the land in 1985 and was issued with title. She has been in occupation of the land since 1985, ploughs the land, and has 65 cows, 5 goats and more than 30 chickens. Nobody has claimed her land. KETRACO took the title when putting their transmission lines in 2018 but returned the same. They refused to compensate her because the land was subdivided. She prays for judgment.
9. The 1st defendant did not enter appearance and did not file defence, moreover, did not offer any evidence.
10. The second defendant called Mr Collins Liyai Adela, the land registrar who was very candid and the court commends him for the said candidness. He is an advocate of the High Court of Kenya, practicing as a Land Registrar Nakuru Ardhi House. He came with all documents in the parcel file and admitted that there was an error and had rectified the register for the suit land by cancelling the fourth entry.
11. I have considered the evidence on record and do find that the parcel of land in dispute is Njoro/Ngata Block 2/215. The register was opened on July 3, 1985 is the name of Settlement Fund Trustees. Mary Wanjiru Mwangi was registered as the proprietor on August 7, 1985 after paying a consideration of Kshs31, 500. The land certificate was issued on August 19, 1985 on the August 8, 2018, entry number 4 was erroneous made indicating that the title was closed on subdivision when new titles numbers 7686-7695 were created. The County Land Registrar came to court and testified that this was an error.
12. I do find that the plaintiff has proved his case on a balance of probabilities and I do grant an order that the 2nd defendant does rectify the register to Title Number Njoro/Ngata Block 2/215 by cancelling registration of title number Njoro/Ngata Block 2/7686-7695 and reinstating the original number title number Njoro/Ngata Block 2/215 registered in the plaintiff’s name.
13. Moreover, I do grant a declaration that the plaintiff is the lawful proprietor of the land parcel title number Njoro/Nata Block 2/215 to the exclusion of all others. Lastly, I decline to grant costs because the 2nd defendant has admitted and corrected the error. Orders accordingly.
JUDGMENT DATED SIGNED AND DELIVERED VIA EMAIL THIS 23RD MARCH 2023. A O OMBWAYOJUDGE