Meso & another (Suing as administrators of the Estate of Alfred Meso Nono - Deceased) v Okomo (Being sued as administrator of the Estate of the Late jacob Awuor Akomo - Deceased) & 4 others (Enviromental and Land Originating Summons E036 of 2021) [2025] KEELC 1457 (KLR)
The bottom line
#The court dismissed a family's claim to Kisumu land, holding that only property owned at death forms a deceased person's estate and the land had been sold years earlier.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether or not the correct procedure was adopted in filing the present action in court
- 2.whether or not the suit property formed part of the estate of Alfred Meso Nono, deceased
- 3.whether the suit land belonged to Jacob Awuor Okomo deceased, to whom the 5th defendant traces his title
- 4.whether certain entries on the register in respect of the suit land were expunged and whether the expunging was lawful
- 5.whether or not transfer of the suit land in favour of the 5th Defendant who is the current registered owner was lawful
- 6.whether or not the Plaintiffs are entitled to the relief sought in the amended Originating Summons
- 7.whether or not the 5th Respondent is entitled to the relief sought in the counterclaim
- 8.what orders to make on costs of the suit and of the counterclaim
Key legal issues
#Whether the suit property formed part of the estate of Alfred Meso Nono
It did not; the property had been transferred out of the deceased's name (as Alfred Omedoh) about 12 years before his death
The green card shows the land registered to Alfred Omedoh on 28th March 1991 and transferred to Paskal Okwaro Omoko on 7th July 1999, while the deceased died on 20th July 2011. No evidence established that Alfred Omedoh and Alfred Meso Nono were the same person; PW1 conceded on cross-examination that Alfred Omedoh was not her husband's name. Under section 3 of the Law of Succession Act, only the free property of a deceased at death forms his estate.
Whether the expunging of entries 6, 7, 8 and 9 from the register was lawful
The expunging was unlawful and null and void
Although section 79 of the Land Registration Act empowers the Land Registrar to rectify the register, that power is procedurally limited. No evidence showed a court order sanctioning the expunging, no complaint in writing, no procedure followed, and the then registered owner Jacob Awuor Okomo was given no notice or hearing. A unilateral expunging under the guise of statutory power cannot stand.
Whether the transfer to the 5th Defendant was lawful
Yes; the 5th Defendant is a lawful registered owner having traced a valid root of title and bought as a bona fide purchaser for value
The 5th Defendant traced his title to Jacob Awuor Okomo through succession proceedings and produced a sale agreement, Land Control Board consent, stamp duty documents and title deed. The invalid expunging could not affect Jacob Awuor Okomo's title nor confer rights on the estate of Alfred Meso Nono. No evidence of illegality in the acquisition was tendered by the Plaintiffs.
Whether the 5th Defendant's counterclaim should succeed
The counterclaim was proved on a balance of probabilities; declarations of bona fide ownership and nullity of the expunging plus an injunction were granted
Having found the transfer to the 5th Defendant lawful and his root of title sufficiently explained, the court granted the declaration of bona fide and absolute ownership and the permanent injunction against the Plaintiffs. However, the cancellation of Alfred Meso Nono's registration was refused since he never appeared on the register as owner. The 5th Defendant was awarded costs.
Legal principles established
#- It is at the time of death that property of a deceased person becomes part of his estate; the estate means the free property of the deceased
- A Land Registrar cannot unilaterally expunge entries from the register; rectification under section 79 of the Land Registration Act requires the prescribed procedure including notice and hearing of the affected registered proprietor
- An act done in breach of the prescribed procedure is a nullity and of no legal consequence
- Costs follow the event unless the court for good reason otherwise orders
Court orders
#- 1.The Plaintiffs' suit is dismissed
- 2.A declaration that the 5th Defendant is the bona fide and absolute registered owner of the suit land parcel number Kisumu/Kanyakwar 'B'/214
- 3.A declaration that an order expunging of entries numbers 6, 7, 8 and 9 in the register of land parcel number Kisumu/Kanyakwar/214 by the 3rd Respondent was unlawfully done and therefore is null and void
- 4.A permanent injunction against the Applicants, their agents, servants and/or any other persons authorized by them from trespassing onto and/or interfering with the 5th Defendant's peaceful occupation and ownership of land parcel number Kisumu/Kanyakwar 'B'/214
- 5.Costs of the suit and of the counterclaim awarded to the 5th Defendant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes
Relief refused
#Declaration that Alfred Meso Nono is the sole and legal/registered owner of the suit property
No evidence that Alfred Omedoh in the register was Alfred Meso Nono, and the land had been transferred out of his name about 12 years before his death
Permanent injunction and mandatory injunction against the 1st, 2nd, 3rd, 4th and 5th Respondents
The court found the suit property lawfully belongs to the 5th Defendant
Mandatory injunction compelling the 3rd Respondent to cancel subsequent title deeds
The court found the transfer and registration in favour of the 5th Defendant was lawful
Counterclaim order cancelling the registration of Alfred Meso Nono and the deed issued on 28th March, 1991
The green card history shows Alfred Meso Nono was never a registered owner, so cancellation would be in vain
Costs
Costs of the suit and of the counterclaim are awarded to the 5th Defendant
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The plaintifs' suit is therefore hereby dismissed and judgement is hereby entered in favour of the 5th Defendant
a declaration that the 5th Defendant is the bona fide and absolute registered owner of the suit land parcel number Kisumu/Kanyakwar “B”/214.
a declaration that an order expunging of entries numbers 6, 7, 8 and 9 in the register of land parcel number Kisumu/Kanyakwar/214 by the 3rd Respondent was unlawfully done and therefore is null and void.
Cost of the suit and of the counterclaim are awarded to the 5th Defendant.
I find that the purported expunging of entry number 6, 7, 8 and 9 of the register was unlawful and therefore null and void.
The Land registrar cannot unilaterally expunge documents or entries from the register under the guise of exercising the power donated by the law.
It is at the time of death that property of the deceased person become part of his estate.
I find that on the basis of the evidence placed before court, the Plaintifis are not entitled to the prayers sought.
Issues in the judgment
#The register name 'Alfred Omedoh' and the deceased's name 'Alfred Meso Nono' are treated inconsistently; the court notes but leaves unresolved whether they are the same person
Inconsistent rendering of the deceased's surname ('Alfred Meso Nono' vs 'Alfred Omedo') and of 'Okomo'/'Akomo'/'Owur Okomo' throughout the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Meso & another (Suing as administrators of the Estate of Alfred Meso Nono - Deceased) v Okomo (Being sued as administrator of the Estate of the Late jacob Awuor Akomo - Deceased) & 4 others (Enviromental and Land Originating Summons E036 of 2021) [2025] KEELC 1457 (KLR)", Case Analysis (2025). Kisumu ELC Originating Summons (Amended) dated 18th November, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1457/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.