ALI MALALA WAMUKOYA v ALI OLANDO OKWETO & 2 Others [2012] KEHC 1586 (KLR)

REPUBLIC OF KENYA

High Court at Bungoma

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ALI MALALA WAMUKOYA:::::::::::::::              PLAINTIFF

~VRS~

ALI OLANDO OKWETO::::::::::::::::   1ST DEFENDANT

THE DISTRICT LANDS

REGISTRAR BUNGOMA:::::::::::::::    2ND DEFENDANT

ATTORNEY GENERAL:::::::::::::::    3RD DEFENDANT

RULING

There is no dispute that land parcel no.E.Bukusu/S.Kanduyi/2199 has been subdivided into land parcels E. Bukusu/S.Kanduyi/13027, 13028, 13029, 13030, 13031, 13032 and 13033. The subdivisions are each in the name of the 1st Defendant. The Plaintiff’s case is that he was the registered proprietor of the original title (2199) which the Defendants fraudulently caused to be sub-divided into the above titles and registered in the name of the 1st Defendant. The suit was brought to have the titles cancelled and to have them revert into the original title in the name of the Plaintiff. With the suit was filed an application under Order 39 rules 1 and 2 of the Civil Procedure Rules for a temporary injunction to restrain the Defendants, and all those acting through them, from wasting, damaging, alienating, trespassing, selling, removing and/or otherwise disposing the parcels. In the alternative, an order was sought for the Defendants to maintain status quoas of 25/1/2010 over the suit parcels.

The defence of the 1st Defendant was that he was the registered proprietor of 2199 which he subsequently subdivided as indicated and therefore there was no merit in the suit and application as the Plaintiff has no claim to the parcels.

The Plaintiff did not demonstrate by production of title or search certificate that he was at any time the registered proprietor of 2199. The resultant parcels are all registered in the name of the 1st Defendant. It would be unusual to injunct the registered owner of a piece of land, or to put a restraint on his right to own, occupy and use the land. The application has no merit and is dismissed with costs.

Dated, signed and delivered at Bungoma this 10th day of October,  2012.

A.O. MUCHELULE

JUDGE