Case Metadata |
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| Case Number: | Environment & Land Case 6 of 2017 |
|---|---|
| Parties: | Geoffrey Kones Ndiema v Moses Joel Ndiema |
| Date Delivered: | 28 Feb 2018 |
| Case Class: | Civil |
| Court: | High Court at Bungoma |
| Case Action: | Judgment |
| Judge(s): | Samwel Ndungu Mukunya |
| Citation: | Geoffrey Kones Ndiema v Moses Joel Ndiema [2018] eKLR |
| Court Division: | Land and Environment |
| County: | Bungoma |
| Case Outcome: | Plaint Succeeds |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
ELC. CASE NO. 6 OF 2017
GEOFFREY KONES NDIEMA................................................PLAINTIFF
VERSUS.
MOSES JOEL NDIEMA......................................................DEFENDANT
JUDGMENT.
[1]. The plaintiff in this case is the son of Joel Wandiema now deceased, who died on 14/4/2001. The deceased was the registered owner of Land Parcel Malakisi/N&C Namwela/872. The plaintiff attached to these proceedings a Death Certificate No. 333595 dated 2/4/2013 for Joel Wandiema who died on 14/4/2001. The plaintiff also attached the Certificate of Official Search of Title Malakisi/N. S&C Namwela/782 showing the same having been registered in the name of Moses Joel Ndiema on 18/3/2013 and a title deed issued to me. The plaintiff avers that no one has taken the letters of Administration of his fathers estate. That Inspite of that the defendant Moses Joel Ndiema illegally transferred the said Land into his name.
[2]. The plaintiff therefore filed this suit and requested that the said transfer be cancelled and that the land reverts back to the deceased Joel Wandiema. The suit was served on the defendant and a return of service was filed in court. The defendant has not filed any pleadings in this case. The plaintiff formerly proved its case in Court on 22/2/2018.
I am therefore convinced that the defendant illegally purported to transfer the land parcel land number LP No. Malakisi/N & C Namwela/782 that belonged to a deceased person one Joel Wandiema. That he did so without having the letters of administration on the estate of Joel Wandiema. The subsequent transfer was illegal and unlawful. I therefore order the land Registrar Bungoma County to retransfer the said land to the deceased Joel Wandiema. The same must be done forthwith.
The plaintiff’s plaint succeeds and he shall have the costs of this suit.
It is so ordered.
Judgment read in open Court in the presence of the Plaintiff.
Dated at Bungoma this 28th day of February, 2018.
S. MUKUNYA
JUDGE
In the presence of:
Court Assistant Anthony
Plaintiff: Geoffrey
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