Fanikiwa Limited v Sirikwa Squatters Group & 17 others (Civil Appeal 45 & 44 of 2017 (Consolidated)) [2022] KECA 1286 (KLR) (18 November 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 1286
- Citation
- [2022] KECA 1286 (KLR)
- Decided
- 18 November 2022
The court found for Sirikwa and allowed the petition with costs. It held that Sirikwa had legitimate expectation to be allocated the suit properties and that the conversion from Government Lands Act to Registered Land Act was not lawful.
Facts
The dispute involves Fanikiwa Limited (appellant) against Sirikwa Squatters Group and 17 others (respondents). The suit properties were surrendered to the government by Lonrho Agribusiness and allocated to Sirikwa. Mr Too and Mr Korir allegedly used Lonrho Africa Property & Construction Company to sell the properties to third parties.
Issues
- Whether Sirikwa had legitimate expectation to be allocated and acquire the suit properties?
- Whether upon surrender the suit properties were private or public land?
- What remedies were the parties entitled to?
Reasoning
The court found that the suit properties were surrendered to the government by Lonrho Agribusiness and allocated to Sirikwa. It held that despite the allocation, Mr Too and Mr Korir sold the properties to third parties, violating Sirikwa's legitimate expectation.
Outcome
The appeal was dismissed.
Orders
- An order directing the commissioner of lands, the chief registrar of titles, the director of land adjudication and settlement, the director of survey and the district land officer to issue title deeds to the suit properties in the name of Sirikwa.
- A declaration that Sirikwa's fundamental rights and freedoms, and in particular its right to property had been violated or was about to be violated by Lonrho Agribusiness, Mr Too, Mr Korir, Highland Surveyors and Mr Kubasu.
- A declaration that the acts of Highland Surveyors and Mr Kubasu of carrying out survey works on the suit properties without the authority of the director of survey was illegal and the survey works null and void.
- A declaration that the act of Lonrho Agribusiness, Mr Too and Mr Korir of attempting to deprive Sirikwa of the suit properties was illegal and null and void.
Authorities cited
Legislation (2)
- Government Lands Act
- Registered Land Act Cap 300 Laws of Kenya
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