RICHARD ODUOL OPOLE V. COMMISSIONER OF LANDS, ATTORNEY GENERAL & MICHAEL THOMAS KINYANY

JUDGMENT OF THE COURT

In this appeal, the appellant, Richard Oduol Opole, seeks the recall and cancellation of Land Reference No. Kisumu Municipality/ Block /12/213 (“the suit property”) registered in the 3^rd respondent’s name, as well as the rectification of the Land Register to transfer the suit property back into his name.

The suit concerned the alleged fraudulent transfer of the suit property which was registered in the name of the appellant as the legal owner, for a term of 99 years from 1^st March 1973 under the Registered Land Act, Chapter 300, (the Act) (now repealed).

The appellant contended that the 1^st respondent, acting through the Land Registrar, Kisumu, in breach of his public duty to the appellant, carelessly and fraudulently transferred the suit property to the 3^rd respondent. The particulars of fraud against the 1^st respondent were:

consenting to transfer the said property to the 3^rd defendant without verifying the authenticity of the transferor

causing the property to be r…