Caneland Limited v Commissioner of Lands 5 others [1998] KECA 217 (KLR)
- Court
- Court of Appeal
- Case number
- 217
- Citation
- [1998] KECA 217 (KLR)
- Decided
- 16 December 1998
The ruling of the learned Judge cannot be faulted as far as his observations of sections 27 and 28 of the Registered Land Act are concerned. The applicant's intended appeal will not have arguable grounds of appeal.
Facts
The applicant, Caneland Limited, claimed a letter of allotment dated 1979 for a property now known as Kisumu Municipality Block 6/461. The 1st respondent, Commissioner of Lands, allocated the property to 2nd, 3rd, 4th, and 5th respondents who transferred it to the 6th respondent, who is now the registered proprietor.
Issues
- Whether the learned Judge's ruling on the Registered Land Act can be faulted
- Whether the applicant's intended appeal has arguable grounds
Reasoning
The learned Judge's ruling was based on the provisions of section 28 of the Registered Land Act, which states that the rights of the registered owner cannot be defeated by misconceived equitable rights of a stranger. The applicant's letter of allotment was not perfected into a title, and the 2nd, 3rd, 4th, and 5th respondents obtained another letter of allotment and transferred title to the 6th respondent.
Outcome
The application for stay of execution of the order by which the learned Judge struck out the applicant's suit in the superior court is dismissed with costs.
Authorities cited
Legislation (1)
- Registered Land Act
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