Limuru: Court cancels land sale at Bibirioni
By Justus Karanja
A court has nullified sale of land in Limuru’s Bibirioni area it was null and void.
The court further ordered the land be subdivided and registered in the name of Patrick Kagotho Njonge (1 acres) and if he so wishes can sell to Erastus Njoroge Kiarie, who is the second Defendant, or refund him the purchase price of Sh800,000.
Other to benefit from the subdivision include Peter Mukuna Njonge (0.90 acres) and George Kamau Njonge (0.50 acres).
Nairobi Environment and Land Court Judge, Lucy Gacheru further issued a permanent injunction restraining Kiarie from evicting, erecting and or interfering with George Njonge’s portion.
He also ordered him not to interfere with Njoroge’s land.
Justice Gacheru issued the ruling in a case where George Njonge, the first plaintiff and Jane Mukuna, the second plaintiff, sued Patrick Njonge and Erastus Kiarie. Kiarie, who was the second defendant, bought the land.
George Njong averred that by virtue of Limuru Court Judgment, made on 29th October 1974, he was a son of the late Njonge Thayu and became the owner of 0.50 acres.
He said pursuant to the judgments the land was subdivided and his elder brother, Patrick Njonge was registered as proprietor of the parcel for himself and the plaintiffs.
The plaintiffs said the judgment was filed according to the family decision made by the elder sons of the registered proprietor who took it upon themselves to distribute the estate, without due regard and consent of all beneficiaries.
“That as the last born, the 1st Plaintiff was asked to give uramati as his land was being held in trust by his brothers and his share was reduced to half a share. Despite the reduction, the 1st Defendant tried to defraud the 1st Plaintiff,” they said.
The plaintiffs contended that the judgment passed at Limuru Law Courts cannot be executed as 12 years had lapsed.
They prayed for the court to grant 1st plaintiff his share and that of the 1st Defendant, Patrick, as he has acquired it through Adverse Possession, as he has always been in possession for more than 30 years . The plaintiffs said the Limuru judgment could be appealed against as there are no records and the succession was done prior to coming into force of the Succession Act.
George Njonge testified they shared their ancestral land which was owned by their father and they were to subdivide the suit property amongst the ten of them, who are his brothers and his step brothers. Further that they subdivided the land amongst the ten of them and since their maternal mother was alive, they decided that their portion of land being 2.5 acres was to be used by their mother .
That she used the land until she fell ill in 1984, and after subdivision their land was now L.R Bibirioni/1310.
That their portion of land was amalgamated and the land was registered in the name of Patrick Kagotho Njonge.
The court ordered the defendants to pay the cost of the suit.