Man claims he bought land from deceased, 20 years after his death

Ministry of Lands and Physical Planning building, Nairobi. [Edward Kiplimo, Standard]

Francis Mwangi Muchoki insists that he bought land from David Kariuki Mwangi on May 17, 2014.

The problem with that is that the said Kariuki died 20 years ago, only months after he bought the land in question which he is purported to have sold in 2014.  

Samuel Muigai Kariuki, the deceased's son, sued Muchoki on grounds that he registered himself as the owner of the property in contention even before his father died.

He also accused Muchoki of acquiring the land with no sale agreement and using forged documents.

Muchoki told the court that the law firm which drafted the agreement had closed shop. He could not produce copies of the sale agreement, saying they disappeared.

In his judgment dated January 31, 2018, Justice JG Kemei found the defendant (Muchoki) guilty of the three counts and reverted ownership of the land to the deceased.

According to Kariuki, his father acquired Land Parcel NGINDA/SAMAR/BLOCK 2/82 in January 26, 1994. He died on July 9, 1994.

However, Kariuki found out on October 5, 2016 that Muchoki had transferred the land to himself after he did a land search with the purpose of seeking legal mandate to administer the estate of his late father.

In his defence, Muchoki told the court that he did not buy the land from the deceased but from one David Kariuki Mwangi for Sh2.5 million vide a sale agreement dated May 17, 2014.

He also said he obtained a Land Control Board consent the parcel be transferred to him on June 6, 2014. To this effect, he produced the consent and a copy of the title.

He also admitted he did not produce the original or copies of Land Control Board application in respect to the property. He said he was shown the suit land by a broker in the name of Ben Wanjama, now deceased.

Wanjama and another person whose name Muchoki could not remember were witnesses to the sale agreement.

Justice Kemei, fined Muchoki Sh100,000 for trespass, canceled the title and directed the Land registrar in Murang’a to revert the title to David Kariuki Mwangi.