[2018] KEELC 4267 (KLR)

[2018] KEELC 4267 (KLR)

The Plaintiff established ownership of plot No. 1945/Business – IL Bissil T. Centre through a valid sale agreement, payment of the purchase price, and production of the original letter of allotment. The County Government's own committee confirmed him as the bona fide allottee, and his building plans were approved....

Source-derived case information.

Citation
[2018] KEELC 4267 (KLR)
Parties
Plaintiff: Nathaniel Oruma; Defendant: County Government of Kajiado; Defendant: Kubenta Kisimir; Defendant: Saimie Seki
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Case Number
Environment & Land Case 385 of 2017
Procedural Posture
Land and Property Suit / Judgment
Outcome
Judgment for the Plaintiff.
Legal Topics
Ownership Disputes, Allotment Letters, Injunctive Relief, Quiet Possession
Source Language
en
Land and Property Ownership Disputes Allotment Letters Injunctive Relief Quiet Possession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nathaniel Oruma

Plaintiff

County Government of Kajiado

Defendant

Kubenta Kisimir

Defendant

Saimie Seki

Defendant

Procedural Posture

Land and Property Suit / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the legal proprietor of the suit land.
  2. 2 Whether the Defendants have interfered with the Plaintiff's quiet possession of the suit land.
  3. 3 Whether the Defendants and/or their agents/servants should be permanently restrained from trespassing and/or claiming ownership of the suit land.

Ratio Decidendi

The Plaintiff established ownership of plot No. 1945/Business – IL Bissil T. Centre through a valid sale agreement, payment of the purchase price, and production of the original letter of allotment. The County Government's own committee confirmed him as the bona fide allottee, and his building plans were approved. The Defendants failed to file substantive defences or adduce evidence to challenge the Plaintiff's title or possession. The court found that the Plaintiff's evidence was uncontroverted and that he is entitled to protection of his property rights under Article 40 of the Constitution and the Land Registration Act. The Defendants, having failed to establish any competing claim or...

Court Disposition

Judgment for the Plaintiff.

Orders

  • Declaration that the Plaintiff is the owner of plot No. 1945/Business – IL Bissil T. Centre.
  • Permanent injunction restraining the Defendants jointly and severally from trespassing, laying claim and/or interfering with the Plaintiff’s quiet possession of the property.