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RATIA
V.
RATIA & 2ORS

(2023) JELR 113557 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CIVIL APPEAL 46 OF 2017
Judges:F. OCHIENG, JA L. ACHODE, JA W. KORIR, JA
Location:Nakuru

Judgment

Background

  1. This suit was commenced by a case which was filed in the Magistrate’s court by Jackson Parsimei Ole Ratia (the 1st respondent), against Nchokoine Ole Ratia (the appellant), The Registrar of Lands Narok District (2nd respondent) and The District Land Adjudication and Settlement Officer, Narok District (3rd respondent). He substantively sought for orders of permanent injunction against the appellant from entering, alienating or interfering with his quiet use, enjoyment and possession of the parcel of land known as Narok/Cis-Mara/Olchoro/1669 (formerly plot No 55). He also sought an order for rectification of the register in respect of the said parcel of land.

  2. The 1st respondent’s case was that he is the beneficial owner of Narok/Cis-Mara/Olchoro/1669 (the suit land), which was originally owned by Ratia group ranch Incorporation (the group ranch). That in 1982, the group ranch resolved to distribute the ranch to its members and Nkitika Ole Ratia the father of the 1st res…

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