REPUBLIC OF KENYA

IN THE SENIOR RESIDENT MAGISTRATE’S COURT AT SIAYA

SIAYA LAW COURTS
ELC NO. 54 OF 2021
FRANCISCA OPONDO OTIENO…..……………...……..…………….. PLAINTIFF
-Versus-
GEORGE OMOKE OPONDO…..………………………...…………...DEFENDANT
AND

SIAYA DISTRICT LAND REGISTRAR……...INTENDED INTERESTED PARTY

AMMENDED STATEMENT OF DEFENCE AND COUNTER-CLAIM

1. The Defendant admits the contents of paragraphs 1 and 2 of the Plaint on so far as the
same are merely descriptive of the parties herein save that the Defendant’s address of
service for the purposes of this suit shall be care of M/S Ondieki Nyamumbo & Co.
Advoctaes, Fatima Court, 2nd Floor, Suite 18, Marcus Garvey Road, Hurlingham,
P.O Box 60038-00200 Nairobi.

2. The Defendant admits the contents of paragraphs 1 and 2 of the Plaint on so far as the
same are merely descriptive of the parties herein save that the Defendant’s address of
service for the purposes of this suit shall be care of M/S Brenda & Brenda Advoctaes,
Fatima Court, 2nd Floor, Suite 18, Marcus Garvey Road, Hurlingham, P.O Box
60038-00200 Nairobi.

3. The Defendant denies the contents of paragraph 3 of the Plaint and in particular that the
plaintiff is a bonafide, rightfully or otherwise legally registered owner of land parcels
known as Siaya/Nyadorera A/3535 and Siaya Nyadorera A/3536.

4. The Defendant denies the contents of paragraph 4 of the plaint in its entirety and
specifically the allegation that the Defendant is a trespasser, the Defendant avers that he is
a beneficiary to the suit ancestral property irregularly registered in the name of the
Plaintiff, the Defendant has instituted appropriate court proceedings to challenge any
flawed title the plaintiff allegedly holds over the suit property.

5. The Defendant denies the contents of paragraph 4 of the plaint in its entirety and
specifically the allegation that the Defendant is a trespasser, the Defendant avers that he is
a beneficiary to the suit ancestral property irregularly registered in the name of the
Plaintiff.

6. The Defendant denies the contents of paragraph 5 to 8 of the Plaint all inclusive, and puts
the Plaintiff to strict proof of the allegations thereof.

7. The Defendant is a stranger to the contents of paragraph 9 and 10 of the Plaint, the
Defendant puts the Plaintiff to strict proof of the allegations thereof.

8. The Defendant denies the contents of paragraph 11 of the plaint and puts the Plaintiff to
strict proof of the allegations thereof.

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9. In response to paragraph 12 and 13 of the Plaint, the Defendant denies that the Plaintiff
has suffered damages and avers that the Plaintiff’s suit herein is not merited of the reliefs
sought by the Plaintiff.

10. No demand or notice of intention to sue was given and/or issued to the Defendant as
pleaded in paragraphs 14 of the plaint, the Defendant puts the Plaintiff to strict proof of
the allegations thereof.

11. In response to paragraph 15 of the Plaint, the Defendant avers that he has instituted court
proceedings in SIAYA PMCC SUCCESSION CAUSE NO. 69 OF 2019 challenging
and/or seeking revocation of the grant of letters of administration of the suit property
issued therein to the plaintiff, the same is pending herein and determination.

12. The jurisdiction of this court is admitted.

13. Save as specifically admitted hereinabove, the Defendant denies each and every
allegation in the Plaint as if the same were set forth verbatim and traversed seriatim.

COUNTERCLAIM
14. The Defendant is a beneficiary of the ancestral parcel of land originally registered and
known as Siaya/Nyadorera A/1356.

15. The Plaintiff without the knowledge or consent of the Defendant connived with her
mother the late ANJESINA SIGANA NJAYA and cause a sub-division of the ancestral
land Siaya/Nyadorera A/1356 into two land parcels reference numbers Siaya/Nyadorera
A/3535 and Siaya/Nyadorera A/3536 and irregularly registered the said parcels in the
name of the deceased.

16. Following the demise of ANJESINA SIGANA NJAYA the Plaintiff’s mother, the
Plaintiff irregularly petitioned for and obtained grant of administration rights over the
estate of the decased specifically the sub-divided ancestral land parcels Siaya/Nyadorera
A/3535 and Siaya/Nyadorera A/3536 both included, in SIAYA PMCC SUCCESSION
CAUSE NO. 69 OF 2019.

17. Following the demise of ANJESINA SIGANA NJAYA the Plaintiff’s mother, the
Plaintiff irregularly petitioned for and obtained grant of administration rights over the
estate of the decased specifically the sub-divided ancestral land parcels Siaya/Nyadorera
A/3535 and Siaya/Nyadorera A/3536 both included.

18. The Defendant upon discovering the illegalities advanced by the Plaintiff has since
moved the appropriate court seeking revocation of the grant issued to Plaintiff in SIAYA
PMCC SUCCESSION CAUSE NO. 69 OF 2019 the basis of which the Plaintiff
transferred the title of the suit ancestral parcels of land to her name.

19. The Defendant’s application filed in SIAYA PMCC SUCCESSION CAUSE NO. 69 OF
2019 seeking revocation of the grant for concealment and/or non-disclosure of material
fact(s) is pending hearing and determination, the defendant shall move the court at the

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 earliest to stay the proceedings herein pending determination of the matters in SIAYA
PMCC SUCCESSION CAUSE NO. 69 OF 2019 on priority basis.

20. The Defendant’s application filed in SIAYA PMCC SUCCESSION CAUSE NO. 69 OF
2019 seeking revocation of the grant for concealment and/or non-disclosure of material
fact(s) is pending hearing and determination, the defendant shall move the court at the
earliest to stay the proceedings herein pending determination of the matters in SIAYA
PMCC SUCCESSION CAUSE NO. 69 OF 2019 on priority basis.
REASONS WHEREFORE the Defendant prays for;-
I. The plaintiff’s suit against the defendant be dismissed with costs.
II. A declaratory order that land parcel title no. Siaya/Nyadorera A/1356 and the sub-
divisions therefrom land parcel title nos. Siaya/Nyadorera A/3535 and
Siaya/Nyadorera A/3536 both inclusive is ancestral land.
III. A declaratory order that the defendant is a beneficiary of the suit parcel(s) of ancestral
land and is entitled to a share thereof.
IV. A declaratory order that the sub-divisoon of land parcel title no. Siaya/Nyadorera
A/1356 into Siaya/Nyadorera A/3535 and Siaya/Nyadorera A/3536 was irregular and
unlawful.
V. An order for rectification, cancellation, nullification and/or revocation of any land
title deeds issued with respect to land parcel titles nos. Siaya/Nyadorera A/3535 and
Siaya/Nyadorera A/3536 to the plaintiff.
VI. Any other relief that the honourable court may deem just to grant.
VII. Costs of this suit.
DATED at NAIROBI this 30th day of August 2021
AMMENDED at NAIROBI this day of 2024

BRENDA & BRENDA COMPANY

ADVOCATES FOR THE DEFENDANT

DRAWN & FILED BY:-

Brenda & Brenda Company
Advocates,
Fatima Court, 2nd Floor Suite 18,
Marcus Garvey Road, Off Argwings Kodhek Road,
P O Box 60038-00200,
Nairobi (Our Ref: 1054/21)

TO BE SERVED UPON:
Ooro & Company
Advocates
Knut Building, Ground Floor, Door No. 8
Nairobi
dwnmichael@gmail.com

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