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George Otieno Gache & Covenant of Peace Church v. Judith Akinyi Bonyo, Joshua Omollo, Richard Otieno, James Otieno, Chief Land Registrar & National Land Commission

(2019) JELR 98338 (CA)

Court of Appeal  •  Civil Appeal 15 of 2017  •  31 Jul 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. By a Plaint dated 14th June 2014, the appellants filed suit against the respondents seeking declaratory orders that the appellants were the legal registered owners of all that parcel of land known as Plot No. 15155 Kisumu “the suit property” and a rectification of the register. The appellants also sought a permanent injunction to restrain the 1st to 4th respondents and their agents or servants from entering, remaining or erecting any structure on the suit property.

2. In the Plaint, there is no individual description of the appellants. All that is averred is that the plaintiff is a church registered under the Societies Rules. It is averred that on or about 15th May 1991, the appellant was issued with a letter of allotment by the Commissioner of Lands in respect of the suit property. That the 2nd appellant secured rate clearance certificate upon settling the requisite land rates. That in breach of its statutory duty, the 6th respondent issued to the 1st to 4th re…

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