A family has sued the Lands Registrar in Kisumu County over what they term fraudulent subdivisions of pieces of land owned by the family to strangers despite having "full knowledge" that the parcels of land were already registered in their names.
Thomas Ochieng Omer who sued on behalf of the family stated in a sworn in affidavit before the court that the District Registrar Kisumu fraudulently subdivided the lands registered under Kisumu/Dago/627 into Kisumu/Dago/947 and 948 to persons unknown to them who have fenced off the land and are currently putting up structures.
“Currently, an entity by the name Coromendele Investments Ltd is puting up a housing estate within their parcel of land and his attempts to carry out a due diligence search have failed as he is always informed by the registry that the parcels cards are not available,” read the affidavit in part.
Mr Omer who is the administrator of the estate of his father Michael Omer Onyando and that of his grandfather Onyando Omer who are both deceased claimed that the land (Kisumu/Dago/509 which they are currently occupying was also subdivided without their knowledge and consent to Kisumu/Dago/990. 1208 and 1209.
“The provincial surveyor’s report dated July 18 2013 captured the intricacies pertaining to the tittle. As per the adjudication record (AR) number 128909, the parcel measuring about 3.2 hactares was registered in the names of his late grandfather,” stated Ochieng in his affidavit before the Environment and Lands Court in Kisumu.
He added on to state that to date they have not been in a position to establish the owners of the aforementioned parcels of land and that their attempts to carry out due diligence search is always fruitless as they are told the parcels’ cards are not available.
In a replying affidavit currently before court, Janet Langat the Principal State Counsel representing the Office of the Attorney General however, denied the claims made by Ochieng in his affidavit.
“The defendant denies that Mr Ochieng was the administrator of his family lands, that Mr Omer was the registered owner of a parcel of land registered under Kisumu/Dago/627 and that Ochieng’s father registration is captured under adjudication record number 268027,” stated the affidavit.
In the replying affidavit, Ms Langat stated that Ochieng’s father transferred the said parcel of land (Kisumu/Dago/627) on March 6, 1975 and that they have no knowledge that Coromandele Investments Ltd who are not enjoined in the suit are currently putting up houses in the contentious land and wants the suit dismissed.
Ochieng however, wants the court to issue orders compelling the registrar to nullify the registers in question and have the parcels of land registered in their names.
When the case was brought before Justice Stephen Kibunja Thursday, he directed that the case be mentioned on June 14 to confirm if the registrar would have issued documents concerning Kisumu/Dago/509 parcel of land.