[2000] KEHC 160 (KLR)
The court found that the 1st Plaintiff had established lawful ownership of LR No. 209/3219 Nairobi through a valid purchase and registration process, supported by documentary evidence and compliance with statutory requirements. The 5th Defendant, having failed to enter appearance or contest the claim despite proper...
Source-derived case information.
- Citation
- [2000] KEHC 160 (KLR)
- Parties
- Plaintiff: Skyview Properties Limited; Plaintiff: Susan Nyambura Kamau; Plaintiff: John Mwangi Mukundi; Defendant: Samvirtrustees Limited; Defendant: Karim Haiderali Teja; Defendant: Haiderali Popat Teja; Defendant: Principal Registrar of Titles (Nairobi Central Lands Registry); Defendant: Proven Insurance Agency Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 387 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiffs
- Judges
- JK Mulwa
- Legal Topics
- Ownership Disputes, Land Registration, Title Deeds, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Skyview Properties Limited
Plaintiff
Susan Nyambura Kamau
Plaintiff
John Mwangi Mukundi
Plaintiff
Samvirtrustees Limited
Defendant
Karim Haiderali Teja
Defendant
Haiderali Popat Teja
Defendant
Principal Registrar of Titles (Nairobi Central Lands Registry)
Defendant
Proven Insurance Agency Limited
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the 1st Plaintiff is the sole registered proprietor of LR No. 209/3219 Nairobi.
- 2 Whether the 5th Defendant has any valid claim to the suit property.
- 3 Whether the Plaintiffs are entitled to injunctive relief against the 5th Defendant and the 4th Defendant.
Ratio Decidendi
The court found that the 1st Plaintiff had established lawful ownership of LR No. 209/3219 Nairobi through a valid purchase and registration process, supported by documentary evidence and compliance with statutory requirements. The 5th Defendant, having failed to enter appearance or contest the claim despite proper service, had no valid competing claim to the property. The absence of any encumbrances on the title, aside from caveats that were subsequently withdrawn, further supported the Plaintiffs' case. The court held that the Plaintiffs were entitled to a declaration of ownership and injunctive relief restraining the 5th Defendant and the 4th Defendant from interfering with the suit...
Court Disposition
judgment for the plaintiffs
Orders
- Declaration that the 1st Plaintiff is the sole registered proprietor of LR No. 209/3219 Nairobi to the exclusion of the 5th Defendant.
- The 5th Defendant is restrained from entering, selling, charging, disposing of, or dealing with the suit premises.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 387 OF 1998
SKYVIEW PROPERTIES LIMITED………………………………….1ST PLAINTIFF
SUSAN NYAMBURA KAMAU……………………………………….2ND PLAINTIFF
JOHN MWANGI MUKUNDI…………………………………………..3RD PLAINTIFF
-VERSUS
SAMVIRTRUSTEES LIMITED…………………………………..…1ST DEFENDANT
KARIM HAIDERALI TEJA………………………………………..…2ND DEFENDANT
HAIDERALI POPAT TEJA………………………………………….3RD DEFENDANT
PRINCIPAL REGISTRAR OF TITLES
(NAIROBI CENTRAL LANDS REGISTRY)……………………....…4TH DEFENDANT
PROVEN INSURANCE AGENCY LIMITED…………………….......5TH DEFENDANT
JUDGMENT
The Plaintiffs have sued the Defendants over the Land known as LR No. 209/3219 Nairobi Mr. John Wachira Wambugu gave evidence that he is a Director of the 1st Plaintiff Company. The 2nd and 3rd Plaintiffs are co-directors. The 1st Plaintiff purchased the Land from the 2nd and 3rd Plaintiffs and the same was transferred to the 1st Plaintiff. The Title documents were duly registered with the 4th Defendant, the Principal Registrar of Titles. He produced the Agreement for Sale and evidence to show that the 1st Plaintiff made some payment to a Mrs. Amina who was occupying the premises so that she could give possession. He also gave evidence the 1st Plaintiff paid some money to a Mr. Gitonga so that he could lift the caveats which had been registered and he removed it. For the 1st Plaintiff his firm paid all the necessary payments to the City Council and obtained the clearance. His firm also paid the Land Rent to facilitate the Transfer.
The 1st Plaintiff had secured a loan with CFC Ltd. but found that he could not register the charge as there were allegations that there were two titles to this property. He produced a copy of the Grant with a Deed Plan dated 6. 5.94.
The witness said that they served summons and plaint though a substituted service as they had made numerous attempts to serve the 5th Defendant. Since the service though an advertisement in a newspaper the 5th Defendant has not entered appearance. Prior to the filing of this suit the 5th Defendant had claimed the Land and had harassed the Plaintiff workers on site who were constructing a fence and hence the Plaintiffs filed this suit for a declaration that the Plaintiff is the sole owner of the Land.
From this evidence by the Plaintiff and in the absence of any defence by the 5th Plaintiff who was claiming ownership of the land the Plaintiff would be entitled to the declaration that he is the sole owner of the land as against the 5th Defendant. The evidence supports the claim to ownership by virtue of the transfer of the land to the Plaintiff. Mr. Wambugu in his evidence said that a search in the Land Office showed that the Land was free from all encumbrances except for the two caveats which were later withdrawn.
There will be judgment for the Plaintiffs that the 1st Plaintiff is the Sole Registered Proprietor of the suit to the exclusion of the 5th Defendant. The 5th Defendant is restrained whether by itself, its servants, agents officers, directors or otherwise from entering or continuing to enter or selling, charging, disposing of or any way dealing with the suit premises.
The 4th Defendant or its officers are restrained from registering any instrument of disposition, transfer or charge of the suit premises on presentment for registration by the 5th Defendant or its agents or servants.
The 5th Defendant shall pay the cost of this suit to the Plaintiffs.
Delivered and dated at Nairobi this 1st day of August, 2000.
KASANGA MULWA
JUDGE