GEORGE OTIENO GACHE & COVENANT OF PEACE CHURCH V. JUDITH AKINYI BONYO, JOSHUA OMOLLO, RICHARD OTIENO, JAMES OTIENO, CHIEF LAND REGISTRAR & NATIONAL LAND COMMISSION

JUDGMENT OF THE COURT

1. By a Plaint dated 14^th 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 1^st to 4^th 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 15^th May 1991, the appellant was issued with a letter of allotment by the Commissioner of Lands in respect of the suit property. That the 2^nd appellant secured rate clearance certificate upon settling the requisite land rates. That in breach of its statutory duty, the 6^th respondent issued to the 1^st to 4^th re…