A Nakuru court has ordered a contested Langa Langa plot to revert to the estate of William Wambugu Kiiru after finding that he died before the land register was opened.
The Environment and Land Court in Nakuru declared the registration and transfer of Nakuru/Langa Langa Block 1/196 to Fredrick Mbui Wanjau and John Njogu Ndungu unlawful, fraudulent, null and void.
The case was filed by Julius Ndiritu Wambugu, the legal representative of William’s estate, against Fredrick, John and the Nakuru County Land Registrar.
William died on August 16, 1971, while the property record card, known as the White Card, was opened on August 18, 1971, two days after his death.
Fredrick was later listed as the owner on April 15, 1982, 11 years after William’s death.
Julius told the court that he discovered in 2014 that the land was registered in John’s name.
He reported the matter to Bondeni Police Station, where he was issued with an OB number.
He also wrote to the Nakuru Municipal Council asking it not to transfer the land or issue construction consent. He later sought assistance from the Kenya Human Rights Commission and the National Land Commission before filing the case.
Julius asked the court to declare William the legal and beneficial owner of the land, issue a lease certificate to his estate and declare the transfer to Fredrick and John illegal and void.
He also asked the court to order the land registrar to remove the disputed transfers from the official record and revert ownership to William’s estate.
Fredrick and John did not file a defence or enter an appearance in the case.
“The defendants despite being duly served with summons to enter appearance and pleadings, neither entered appearance nor filed a defence. The matter therefore proceeded undefended,” the court noted.
Justice Millicent Odeny found that the White Card did not show how the transfer was carried out. The court also found that there were no succession proceedings and no person with authority to transfer the land on behalf of William.
The court ordered the Nakuru County Land Registrar to cancel entries 2, 3, 4, 5 and 6 and revert the parcel to William.
Justice Odeny also issued a permanent injunction, declared William the legal proprietor and/or beneficial owner of the land and ordered the registrar to rectify the register.
The court declared the registration and transfer to Fredrick and John unlawful, fraudulent, null and void and ordered the two men to pay the costs.
