[2022] KEELC 2856 (KLR)
The court adopted the consent of the parties as an order, recognizing the plaintiff as the registered owner of Nairobi Block 118/266 and the 1st defendant as the registered owner of Nairobi Block 118/267. The court issued a permanent injunction restraining the 1st defendant from interfering with the plaintiff's...
Source-derived case information.
- Citation
- [2022] KEELC 2856 (KLR)
- Parties
- Plaintiff: Charles Ray Coulston; Defendant: Simon Wachira Kimondo, Samuel Ngari Kobocha & Patrick Mwangi (as Trustees of Comedo Self Help Group); Defendant: Chief Land Registrar Nairobi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E121 of 2022
- Procedural Posture
- Environment and Land Case / Order on Adoption of Consent
- Outcome
- Suit marked as compromised by consent; orders issued as per consent terms.
- Judges
- LN Mbugua
- Legal Topics
- Ownership Disputes, Rectification of Land Records, Permanent Injunctions, Land Registry Procedures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ray Coulston
Plaintiff
Simon Wachira Kimondo, Samuel Ngari Kobocha & Patrick Mwangi (as Trustees of Comedo Self Help Group)
Defendant
Chief Land Registrar Nairobi County
Defendant
Procedural Posture
Environment and Land Case / Order on Adoption of Consent
Legal Issues
- 1 Whether the plaintiff is the rightful owner of Nairobi Block 118/266.
- 2 Whether the 1st defendant should be restrained from interfering with the plaintiff's property.
- 3 Whether the land registry records should be rectified to reflect the correct proprietors.
Ratio Decidendi
The court adopted the consent of the parties as an order, recognizing the plaintiff as the registered owner of Nairobi Block 118/266 and the 1st defendant as the registered owner of Nairobi Block 118/267. The court issued a permanent injunction restraining the 1st defendant from interfering with the plaintiff's property and directed the Chief Land Registrar to rectify the land records accordingly. The plaintiff was ordered to refund the land rates and rents paid by the 1st defendant for Nairobi Block 118/266. The compromise resolved all claims between the plaintiff and the 1st defendant, and the matter was set for mention to confirm compliance.
Court Disposition
Suit marked as compromised by consent; orders issued as per consent terms.
Orders
- An order of permanent injunction restraining the 1st defendant from sub-dividing, interfering, alienating, selling, transferring, or evicting the plaintiff from Nairobi Block 118/266.
- Declaration that the plaintiff is the owner of Nairobi Block 118/266 measuring 0.404700 hectares.
Full Case Text
Judgment text and source record
20 paragraphs
Coulston v Kimondo, Kobocha & Mwangi (Sued as Trustees of Comedo Self Help Group) & another (Environment & Land Case E121 of 2022) [2022] KEELC 2856 (KLR) (7 July 2022) (Order)
Neutral citation: [2022] KEELC 2856 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E121 of 2022
LN Mbugua, J
July 7, 2022
Between
Charles Ray Coulston
Plaintiff
and
Simon Wachira Kimondo, Samuel Ngari Kobocha & Patrick Mwangi (Sued as Trustees of Comedo Self Help Group)
1st Defendant
Chief Land Registrar Nairobi County
2nd Defendant
Order
1. I have perused the record and hereby give directions that the consent dated June 7, 2022 is hereby adopted as an order of the court in the following terms:
Whereas:1. The Plaintiff is the owner and is in occupation of all that land known as Title No: Nairobi Block 118/266. 2.The 1st Defendant is the owner and is in occupation of all that land known as Title No: Nairobi Block 118/267. 3.The 1st Defendant is in possession of and in custody of the Lease and certificate of lease in respect of Nairobi Block 118/266 issued by the 2nd Defendant.4. The Plaintiff and 1st Defendant desire to obtain the respective leases and Certificates for their respective Lands.
By consent the suit by the Plaintiff as against the 1st Defendant be marked as compromised in the following terms:1. That, an order of permanent injunction be and is hereby issued restraining the 1st Defendant herein either by themselves, their servants, agents, assigns or any other person claiming through them from sub-dividing, interfering, alienating, selling off and/or transferring all that land registered as Nairobi Block 118/266 and from evicting and/or in anyway interfering with the Plaintiff’s quiet possession of the said property2. That, the Plaintiff be and is hereby declared the owner of all that land registered as Nairobi Block 118/266 measuring 0. 404700 Hectares.3. That, the 2nd Defendant do rectify the records at the lands registry to indicate that the Plaintiff/Applicant is the registered proprietor of Title No. Nairobi Block 118/266 and issue a lease and certificate of lease in favour of Charles Ray Coulston the Plaintiff herein.4. That, the 2nd Defendant do rectify the records at the lands registry to indicate that the 1st Defendant is the registered proprietor of Title No. Nairobi Block 118/267 and issue a lease and certificate of lease in favour of Simon Wachira Kimondo, Samuel Ngari Kobocha & Partick Mwangi (as trustees of Comedo Self Help Group) the 1st Defendant herein.5. That, the Plaintiff do refund the respective land rates and rents paid by the 1st Defendant in respect of Title No. Nairobi Block 118/266. 6.That, the matter to be mentioned within 30 days to confirm compliance.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JULY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Muema for the Plaintiff / ApplicantMacharia for the 1st Defendant / RespondentCourt Assistant: Eddel