Prosecuting a land case

So, we have a settlement scheme land in rural areas that belong to parents who both passed away. The title deed reflects our father. We are four boys and each has settled at the different sections of the 5-acre land. We’re all married and have families. The last born occupies the area where mom and dad had their house. We recently realized that the last born has sold a portion of the farm in the section he has been doing his farming. He claims he sold his inheritance. We realized this when the buyer was fencing and has quickly ran into building in that section. As elder brothers, we sought help from offices like chief’s office because we didn’t want the land sold, but we did not get helped. Can this matter be solve in a court? At what cost to us? What are the requirements? Can we succeed in pushing these people out even if it means refunding them?

If you get a brilliant lawyer, you will succeed. However, matters lands in our courts can take even 10+ plus before they’re settled.

Anyway, before anything else, go and put a caveat on the said piece of land. That will stop any further damaging actions as far as your interests on that land is concern. Eg stopping the building on the property.

Secondly, now poke holes on the said transaction between your brother and the buyer if you wish to win the case. Some of the questions you can raise are as follow:

Did the buyer involve land control board? If not, the transaction is null and void!

Had you already agreed on the distribution of the said land or were you just living on it anyhowly? If not, the the transaction is null and void unless your bro was an appointed Administrator of your father’s estate.

Otherwise, succession should have been done to enable any of your brothers to dispose their new property as they deem fit.

If the piece of land sold was still in the parents name i.e succession has not been done, the the said sale is null and void.

Kwanza…pole.
Then half human & pundit wamekusort.
This is what i can add on…sipendelei such maneno but ukweli ni ukweli tu.
While your sorting out matters in court…you have to show the buyer that you mean what you say and he not welcome there…furuga the living daylights out of the fucker…aki erect kitu bomoa na kuiba in broad daylight…protest mbele ya kila mtu…si mko ingoo home ground kwenu…who do you think the villagers will support if not you…harass the buyer kapisa kapisa…dont touch stuff like his car or anything…hizo tu materials na ma fundi…akichimba pipes kateni hizo pipes or uproot them and stock the nearest wholesale at discounted prices…courts can be manipulated…lawyers can colude…but the guy hata survive na hii frustration…its for your own good.
And then till this matter is sorted…caveat kwa shamba…and keep the young brother seller at arms length ndio ajue his crossed the line. Hakuna kucheka na yeye…inafaa ajue yeye ni last born…mkisha sort il give you tips on how to deal with him.
Good luck.

Hii kenya ama?

That’s how a trespasser should be handled. I would do the same.

There maybe no need for vitukoz.

If the buyer bought the land from anybody other then the registered owner, said buyer can be lawfully kicked out of said land while court proses proceeds.

Yup…you go pull the same move on someones shamba and youl realise what i just said is a tip of the ice berg.

True.
Ndio nimesema sipendi hii maneno…but knowing kenyans and im talking from experience…if the invader is connected…ataendelea kujenga tu sa ile weh uko confident the matter is in court…kumbe palms have been greased your just making hollow appearances in court…and what message will that send to the last born…impunity reigns and he can get away with murder…atauza tu tena chini ya maji.
Uzuri ya hii vituko ni word will go round…so next time mtu anataka shamba hapo kwenu anakuja akijua kuna wanaume huko hakuna mchezo.
Nimeona hizi kesi mob…legal means alot of times have to be followed up by crude means…hii ni kenya bana.
Na ukipata huyu buyer 1 has already flipped the shamba over to another buyer for a hefty profit…lets say to your local mp or governor or cs…how are you going to fight such clout…furusha hio kinyangarika…ingia kotini kama ume sha anza kumrarua kwa ground.

Ambia “buyer” awache ujinga. How can your brother sell that which does not belong to him.

Vuruga huyo buyer mpaka ajitoe. Pay village goons to give him a rough time. Msicheke na yeye or else he will build on the illegally acquired land