[2018] KEELC 1296 (KLR)

[2018] KEELC 1296 (KLR)

The court found that the Plaintiff was the lawful allottee of the suit property, having been issued a valid letter of allotment and having fulfilled all conditions, including payment of required fees. The 1st Defendant failed to demonstrate that he acquired the title properly or that the 4th Defendant was the...

Source-derived case information.

Citation
[2018] KEELC 1296 (KLR)
Parties
Plaintiff: Joseph Kagunya Ndabari; 1st Defendant: Boniface K. Mulli; 2nd Defendant: Nairobi City County; 3rd Defendant: Attorney General; 4th Defendant: Charles Wanduto
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 268 of 2003
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the Plaintiff. Declaration of ownership, rectification of register, permanent injunction granted. General damages denied. Costs awarded to Plaintiff.
Judges
BM Eboso
Legal Topics
Land Allocation, Rectification of Register, Fraudulent Transfer, Innocent Purchaser, Injunctions, Ownership Disputes
Source Language
en
Land and Property Land Allocation Rectification of Register Fraudulent Transfer Innocent Purchaser Injunctions Ownership Disputes

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Parties

Joseph Kagunya Ndabari

Plaintiff

Boniface K. Mulli

1st Defendant

Nairobi City County

2nd Defendant

Attorney General

3rd Defendant

Charles Wanduto

4th Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Who, as between the Plaintiff and the 1st Defendant, is the lawful owner of the suit property.
  2. 2 Whether to issue an order of rectification of the land register in respect of the suit property to reflect the Plaintiff as the registered proprietor.
  3. 3 Whether to issue an order of permanent injunction restraining the 1st Defendant from trespassing, constructing in or in any other way whatsoever interfering with the Plaintiff’s possession and or ownership of the suit property.

Ratio Decidendi

The court found that the Plaintiff was the lawful allottee of the suit property, having been issued a valid letter of allotment and having fulfilled all conditions, including payment of required fees. The 1st Defendant failed to demonstrate that he acquired the title properly or that the 4th Defendant was the original allottee. The transaction between the 1st and 4th Defendants was riddled with inconsistencies, lacked proper consent, and did not follow due process. The 1st Defendant did not conduct adequate due diligence and was not an innocent purchaser for value without notice. The 2nd Defendant's records confirmed the Plaintiff's allotment, and there was no evidence of lawful...

Court Disposition

Judgment for the Plaintiff. Declaration of ownership, rectification of register, permanent injunction granted. General damages denied. Costs awarded to Plaintiff.

Orders

  • A declaration that the Plaintiff is the lawful owner of Nairobi/Block 63/301.
  • Order for rectification of the land register to reflect the Plaintiff as registered proprietor.