[2011] KEHC 4276 (KLR)

[2011] KEHC 4276 (KLR)

The court found that the registration of the suit property in the name of Kazrad Agencies and subsequent transfer to Greenbays Holdings Ltd was fraudulent and void ab initio, as Kazrad had no legitimate title or allotment and the business name was registered after the purported grant. Prof. Ongeri's title, though first in time, was also tainted by misrepresentation and official manipulation, as the property was originally public land set aside for public purposes in the development plan. The court held that the sanctity of Prof. Ongeri's title was subject to challenge due to misrepresentation by both the applicant and Lands officials. Consequently, both titles (Prof. Ongeri's and...

Citation
[2011] KEHC 4276 (KLR)
Parties
Plaintiff: Prof. Samson Kagengo Ongeri; 1st Defendant: Greenbays Holdings Ltd; 2nd Defendant: Edward Mzee Karezi t/a Kazrad Agencies; 3rd Defendant: Registrar of Titles; Defendant: Town Council of Kilifi
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
10 May 2011
Case Number
Civil Suit 30 of 2006
Procedural Posture
Civil Suit / Judgment
Outcome
Suit determined; both Prof. Ongeri's and Greenbays Holdings Ltd's titles revoked; property declared public land; damages awarded to Greenbays Holdings Ltd; costs apportioned as ordered.
Legal Topics
Title Registration, Public Land Allocation, Fraudulent Conveyancing, Rectification of Register, Injunctive Relief, Compensation for Improvements
Source Language
English
Land and Property Civil Procedure Title Registration Public Land Allocation Fraudulent Conveyancing Rectification of Register Injunctive Relief Compensation for Improvements

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Parties

Prof. Samson Kagengo Ongeri

Plaintiff

Greenbays Holdings Ltd

1st Defendant

Edward Mzee Karezi t/a Kazrad Agencies

2nd Defendant

Registrar of Titles

3rd Defendant

Town Council of Kilifi

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether Prof. Ongeri or Greenbays Holdings Ltd or Town Council of Kilifi is the lawful owner of LR No. 5054/1185, Kilifi.
  2. 2 Whether the registration of the suit property in the name of Kazrad Agencies and subsequent transfer to Greenbays Holdings Ltd was lawful or fraudulent.
  3. 3 Whether the suit property is public land or private land.

Ratio Decidendi

The court found that the registration of the suit property in the name of Kazrad Agencies and subsequent transfer to Greenbays Holdings Ltd was fraudulent and void ab initio, as Kazrad had no legitimate title or allotment and the business name was registered after the purported grant. Prof. Ongeri's title, though first in time, was also tainted by misrepresentation and official manipulation, as the property was originally public land set aside for public purposes in the development plan. The court held that the sanctity of Prof. Ongeri's title was subject to challenge due to misrepresentation by both the applicant and Lands officials. Consequently, both titles (Prof. Ongeri's and...

Court Disposition

Suit determined; both Prof. Ongeri's and Greenbays Holdings Ltd's titles revoked; property declared public land; damages awarded to Greenbays Holdings Ltd; costs apportioned as ordered.

Orders

  • Registration of interest in the suit property in the 2nd defendant (Kazrad Agencies) is null and void ab initio.
  • Registration and Grant issued to the 1st defendant (Greenbays Holdings Ltd) is null and void.