Sarah Jelangat Siele v Attorney General & 3 others [2018] KECA 766 (KLR)
- Court
- Court of Appeal
- Case number
- 766
- Citation
- [2018] KECA 766 (KLR)
- Decided
- 8 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Environment and Land CourtCoramALNASHIR VISRAM, W. KARANJA, M.K. KOOME
Holding
The appeal is allowed, and the learned judge's judgment is set aside. A declaration is issued that the appellant has a valid title over Plot No. 103 Watamu, and the title is rectified by the cancellation of the portion relating to Plot No. 103.
Facts
The appellant, Dr. Sarah Jelangat Siele, had a leasehold interest in Plot No. 103 Watamu registered under the Registration of Titles Act. The plot was allegedly subsumed and extinguished by a title issued to Seven Island Watamu Limited.
Issues
- Validity of the title issued to Seven Island Watamu Limited
- Appellant's title over Plot No. 103 Watamu
- Rectification of the title and re-establishment of beacons
Reasoning
The court found that the appellant's title was registered first in time and was not cancelled by the title over the suit property. The court also held that the registration of the title was in accordance with the applicable law.
Outcome
Appeal allowed
Orders
- A declaration that the appellant has a valid title over Plot No. 103 Watamu
- Rectification of Kilifi/Jimba/1125 by the cancellation of the portion relating to Plot No. 103
- Re-establishment of the beacons in respect of Plot No. 103
Remedies
- Costs to the appellant
Authorities cited
Legislation (2)
- Registration of Titles Act (RTA)
- Registered Land Act (RLA)
Cases cited (2)
- Chemei Investments Limited vs The Attorney General & Others Nairobi Petition No. 94 of 2005
- Dr. Joseph Arap Ngok vs Justice Moijo ole Keiwua & 5 Others Civil Applic No. Nai. 60 of 1997
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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