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
JOYCE NYAGAKA MOKOBO……………………………………INTERESTED PARTY
PLAINT
1. The plaintiff is a female adult of sound mind residing at Mwamogesa sub-location and
he brings this suit against the defendants on behalf of the estate of his deceased
grandfather pursuant to letters of Administration Ad Litem issued by the Chief
magistrate’s court at Kisii in Succession cause No. E067 of 2024 . Her address of
service for the purpose of this suit only shall be care of MAGETO & CO. ADVOCATES,
GUSII DELUXE, 4TH FLOOR, P.O BOX 2637-40200, KISII.
2. The 1st and 2nd defendants are adults of sound mind whose address for service for
summons to enter appearance shall be effected through the plaintiff’s advocates office.
3. The 3rd defendant is a government officer and a custodian of land records under the law
(address for service for summons to enter appearance shall be effected through the
plaintiff’s advocates office.
4. The 1st and 2nd defendants are adults of sound mind whose address for service for
summons to enter appearance shall be effected through the plaintiff’s advocates office.
5. That the plaintiff is the personal representative of the estate of the late OSIEMO OGETA
who was the original registered proprietor of all that land parcel known as CENTRAL
KITUTU/ MWAMOSIOMA/428 and later CENTRAL KITUTU/ MWAMOSIOMA/779
who died on the 10th day December 1986.
6. THAT at all material times relevant to this case the deceased Osiemo Ogeta sold a
portion of land measuring approximately 1(one ) acre to the deceased husband of the first
plaintiff and was registered as CENTRAL KITUTU/ MWAMOSIOMA/78 that was later
transferred to the names of the 1ST defendant
7. That on or about 5TH OCTOBER 1998, the 1st defendant fraudulently and without due
process caused fraudulent and irregular sub-division of the parcel of land known as
CENTRAL KITUTU/MWAMOSIOMA/780 and transferred portions known as Central
Kitutu/Mwamosioma/1685, 1686 thereof to the 2 nd defendant and the interested party’s
husband known as ANTONEY NYAGAKA MOKOBO respectively
PARTICULARS OF FRAUD ON THE DEFENDANTS
(1.) Interfering with the actual size of land known as Central kitutu/mwamosioma
780 to increase from 0.4 ha to 0.64ha
(2.)Interfering with the cadastral maps of land parcel no central
kitutu/Mwamosioma /779
(3.)Obtaining subdivision of a title to land without the requisite Land Control
Board.
(4.) The 3rd defendant issuing title deeds that are a result of irregular and illegal
sub-divisions
8. That due to the fraudulent sub-divisions parcels known as Central Kitutu/ Mwamosioma
1684, 1685 and 1686 have encroached into the plaintiff’s parcel of land by a margin of
0.24ha.
9. The plaintiff’s claim against the defendants is that the title documents the defendants are
holding are null and void as they were fraudulently subdivided and the same be reverted
back to parcel no CENTRAL KITUTU/ MWAMOSIOMA/780
10. That upon the titles in the defendants held after sub-division being declared null and void,
then, the subsequent a permanent injunction due issue against the 1 st ,2nd defendant and
the interested party restraining themselves, their agents, assignees or anybody claiming
through them from trespassing into the applicants land, constructing structures or in any
way dealing with the applicant’s land parcel CENTRAL KITUTU/
MWAMOSIOMA/779
11. That despite demand and notice of intention to sue having been issued the defendant has
refused and/or neglected to give the plaintiff vacant possession of the encroached area.
12. That there is no suit pending in court or at all, and there have been no previous
proceedings in any court on the same subject matter and involving the same parties
herein.
13. That the cause of action arose within the Jurisdiction of this court.
REASONS WHEREFORE the plaintiff prays for judgment against the defendant for:
(a) A declaration that land parcels known as CENTRAL KITUTU/
MWAMOSIOMA/ 1684, 1685 and 1686 in the name of 1st, 2nd defendants and
the interested party’s deceased husband are null and void and the same to
revert back to CENTRAL KITUTU/ MWAMOSIOMA/780.
(b) A permanent injunction due issue against the 1 st ,2nd defendant and the
interested party restraining themselves, their agents, assignees or anybody
claiming through them from trespassing into the applicants land, constructing
structures or in any way dealing with the applicant’s land parcel CENTRAL
KITUTU/ MWAMOSIOMA/779
(c) General damages
(d) Costs of the suit
(e) Any other relief this honourable court may deem fit to grant.
DATED AT KISII THIS………………….DAY OF………………………………………2024
……………………………
MAGETO & CO.
ADVOCATES FOR THE PLAINTIFF
DRAWN AND FILED BY
MAGETO & CO.
ADVOCATES,
GUSII DELUXE,4TH FLOOR,
P.O BOX 2638-40200
KISII
TO BE SERVED UPON
MARIANA KERUBO MOKOBO
CHARLES MOSE MOKOBO
LAND REGISTRAR KISII COUNTY
JOYCE NYAGAKA MOKOBO
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
JOYCE NYAGAKA MOKOBO……………………………………..INTERESTED PARTY
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
JACKLINE MORAA OGETA alais
JACKLINE 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 2638-40200,
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 REGISTRAR KISII COUNTY ………….………………………..3RD DEFENDANT
JOYCE NYAGAKA MOKOBO……………………………………..INTERESTED PARTY
PLAINTIFF’S LIST OF WITNESSES.
1. JACKLINE MORAA OGETA alias JACKLINE OGETA
2. Any other witnesses as may be required at hearing with leave of the court.
DATED AT KISII THIS………………….DAY OF………………………………………2024
……………………………
MAGETO & CO.
ADVOCATES FOR THE PLAINTIFF
DRAWN AND FILED BY
MAGETO & CO.
ADVOCATES,
GUSII DELUXE,4TH FLOOR,
P.O BOX 2638-40200
KISII
TO BE SERVED UPON
MARIANA KERUBO MOKOBO
CHARLES MOSE MOKOBO
LAND REGISTRAR KISII COUNTY
JOYCE NYAGAKA MOKOBO
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
JOYCE NYAGAKA MOKOBO……………………………………..INTERESTED PARTY
PLAINTIFF’S LIST OF DOCUMENTS.
a) Copy of the original title deed of parcel Central Kitutu/Mwamosioma/779
b) Copy of the death certificate of OSIEMO OGETA (deceased)
c) Copy of the letters of administration ad-litem issued on 12/8/2024
d) Copy of the mutation of parcel Central Kitutu/Mwamosioma/780
e) Copy of the district surveyor’s report dated 30/03/2005
f) Copy of the greencard of Central Kitutu/Mwamosioma /1684
g) Any other document as may be required at hearing with leave of the court.
DATED AT KISII THIS………………….DAY OF………………………………………2024
……………………………
MAGETO & CO.
ADVOCATES FOR THE PLAINTIFF
DRAWN AND FILED BY
MAGETO & CO.
ADVOCATES,
GUSII DELUXE,4TH FLOOR,
P.O BOX 2638-40200
KISII
TO BE SERVED UPON
MARIANA KERUBO MOKOBO
CHARLES MOSE MOKOBO
LAND REGISTRAR KISII COUNTY
JOYCE NYAGAKA MOKOBO
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
JOYCE NYAGAKA MOKOBO……………………………………..INTERESTED PARTY
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 One
acre to the husband of the 1st defendant who is deceased 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 1 st defendant’s name and later on the 5 th day of October,
1998 or thereabout the first 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 to fraud since I am the one issued with the
temporary grant and therefore lawfully authorized to manage and deal with the estate of the
deceased herein. That due to the fraudulent addition of acreage by the defendants herein the
1st ,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 2637-40200 KISII
TO BE SERVED UPON
MARIANA KERUBO MOKOBO
CHARLES MOSE MOKOBO
LAND REGISTRAR KISII COUNTY
JOYCE NYAGAKA MOKOBO
