REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KISII
E.L.C NO. OF 2024
JACKLINE MORAA OGETA (suing as Administratix of
the estate of OSIEMO OGETA (Deceased)………………………………………….
……………………PLAINTIFF
-VRS-
MARIANA KERUBO MOKOBO………………………………..……1ST DEFENDANT
CHARLES MOSE MOKOBO………………………….…………..….2ND DEFENDANT
LAND REGISTRAR KISII COUNTY ………………………………..3RD DEFENDANT
VERIFYING AFFIDAVIT
I, JACKLINE MORAA OGETA Id no 12514047 a resident of Mwamosioma Sub-location,
P.O 789-40200 KISII make oath and state as follows:-
1. THAT I am a male adult of sound mind and the plaintiff herein hence competent
to swear this affidavit.
2. THAT I know of my own knowledge that I have instructed the firm of M/S
MAGETO & CO. ADVOCATES to draw and file a plaint against the defendants
herein.
3. THAT pursuant to the afore-sworn instructions to my advocates I am informed
that a plaint has since been drawn on my behalf, which information I verily belief
to be true.
4. THAT the plaint herein has been read over and explained to me by my advocates
on record and I confirm that the contents thereof are correct and reflect my true
instructions to my said advocates.
5. THAT I now swear this affidavit in verification of the plaint herein.
6. THAT what I have deponed to hereinabove is true and within my knowledge, save
where otherwise stated, in which event same is true and correct to the best of my
information and belief, sources thereof being disclosed.
SWORN BY THE SAID
JACKILINE MORAA OGETA )……………………………
DEPONENT
At Kisii this…………….day of……………….2024 )
BEFORE ME )
COMMISSIONER FOR OATHS/MAGISTRATE )
DRAWN AND FILED BY
MAGETO & CO.
ADVOCATES,
GUSII DELUXE, 4TH FLOOR,
P.O.BOX 2637 -40200
KISII
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT KISII
E.L.C NO. OF 2024
JACKLINE MORAA OGETA (suing as Administratix of
the estate of OSIEMO OGETA (Deceased)….………………………………PLAINTIFF
-VRS-
MARIANA KERUBO MOKOBO………………………………..……1ST DEFENDANT
CHARLES MOSE MOKOBO………………………….…………..….2ND DEFENDANT
LAND SUVYOR KISII COUNTY ……………….…….……………..3RD DEFENDANT
PLAINTIFF’S STATEMENT
I, JACKLINE MORAA OGETA of id no 12514047 a resident of Mwamosioma Sub-location,
P.O 789-40200 KISII state as follows: -
THAT I am the granddaughter of the deceased hereinabove named and in lawful possession
of the letters of administration Ad Litem, the authorized personal representative of the
deceased.
The suit property CENTRAL KITUTU/ MWAMOSIOMA/428. My late grandfather sold 1
acre(0.4 HA) to the husband of the 1st defendant remaining with 7.2 acres. The original
number was subdivided into two portions giving rise to CENTRAL KITUTU/
MWAMOSIOMA/779 and 780.
CETRAL KITUTU/MWAMOSIOMA/ 780 was registered in the name of the 1 st defendant’s
husband who later transferred to the 1st defendant’s name. Later on the 5th day of October,
1998 the 1st defendant subdivided the land giving rise to CENTRAL
KITUTU/MWAMOSIOMA/1684,1685 and 1686.However, on the registration of the parcels
of land , the accruing acreages after subdivisions arose to 0.64HA giving a difference of
0.24ha of land.
That the actions of the first defendant are tantamount fraud since their actual acreage is 1
acre. That due to the fraudulent addition of acreage by the defendants herein the 1 st ,2nd
defendants and the interested parties have encroached into our land rendering us landless.
I now pray that the title deeds obtained and handed to 1 st 2nd, defendants and the interested
party’s deceased husband courtesy of the illegal and fraudulent acts of the 1 st defendant to
declared null and void. Further, that the subdivisions done by the 1 st defendant be equally
rendered null and void. I pray that upon nullifying the aforementioned transactions this
honorable court to cause the suit property the defendants be barred from entering the estate of
the deceased and be condemned to pay general damages to the estate of the deceased.
That is all.
DATED AT KISII THIS……………….DAY OF………………………………………2024
……………………………
JACKLINE MORAA OGETA
DRAWN AND FILED BY
MAGETO & CO.
ADVOCATES,
GUSII DELUXE, 4TH FLOOR,
P.O BOX 2737-40200 KISII
