Lawrence Mburu & 2 others v Benson Mathenge Gitari & 2 others [2017] KEELC 2127 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the deceased was a member of Ngundu Farmers Cooperative Society Ltd entitled to land
The court was satisfied on the documentary evidence (share certificate No 468 and receipts) that the deceased was a member and was entitled to LR Number Nairobi Block 126/500.
PW1 produced a share certificate No 468 and receipts for payments to the company and its advocates, including payment for a bonus plot and transfer fee. It was explained that originals had been forwarded to the company's advocates to facilitate the transfer. The court found the documentary evidence left no doubt as to membership and entitlement to the parcel.
Whether the deceased was entitled to the suit land and whether the respondents' registration should stand
The deceased was the person properly entitled to the land; the respondents' registration was irregular and ought to be annulled.
The liquidator's letter of 18 June 2008 to the Commissioner of Lands and the transaction advocate's letter showed the deceased was the rightful allottee and explained why the composite name could not be registered. There was no explanation of how the land came to be registered in the respondents' names, making the registration irregular.
What remedies to issue to the applicants
The plaintiffs, as administrators, had locus to sue and proved entitlement on a balance of probabilities; a declaration and rectification of the register were granted.
The court found the plaintiffs were administrators of the estate with the right to bring proceedings and had adduced sufficient material proving entitlement on a balance of probabilities. It issued a declaration of ownership and an order directing the Chief Land Registrar to rectify the title to reflect the estate's names, with costs against the defendants.
Legal principles established
#- Registration of land contrary to the instructions of a receiver/liquidator administering the land, unexplained by any documentation, is irregular and liable to be annulled.
- Land allotted under a composite name that is not a legal person remains the property of the persons encompassed in that name.
Court orders
#- 1.A declaration that the plaintiff, jointly with the deceased, were the rightful owners of Land Title number Nairobi Block 126/500
- 2.An order directing the Chief Land Registrar to rectify the title deed in respect of Title No Nairobi Block 126/500 to read the names of the 2nd and 3rd applicants on behalf of the Estate of Muthiga Njogu (deceased) in place of the 1st and 2nd respondents, and that a title deed be issued in those joint names
- 3.Costs of the proceedings to be borne by the defendants jointly and severally
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court (provision not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lawrence Mburu & 2 others v Benson Mathenge Gitari & 2 others [2017] KEELC 2127 (KLR)", Case Analysis (2017). Originating Summons dated 28th January 2013 (number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2127/eng@2017-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.