Lopoyetum v Watia & 4 others (Civil Application E45 of 2021) [2022] KECA 899 (KLR) (13 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 899
- Citation
- [2022] KECA 899 (KLR)
- Decided
- 13 May 2022
The judgment of the Environment and Land Court at Machakos is upheld. The transfer of the property to the applicant is declared unlawful, null and void. The title issued to the applicant is cancelled. The Chief Land Registrar is ordered to issue a title in respect of the property to the 3rd respondent.
Facts
The applicant claimed to have purchased a property from the 3rd respondent. The 1st and 2nd respondents initiated a suit against the applicant, and the Environment and Land Court at Machakos issued a restraining order against the National Land Commission from making compensation payments to the applicant.
Issues
- Whether the judgment of the Environment and Land Court at Machakos is upheld
- Whether the transfer of the property to the applicant is declared unlawful, null and void
- Whether the title issued to the applicant is cancelled
- Whether the Chief Land Registrar is ordered to issue a title in respect of the property to the 3rd respondent
Reasoning
The Court of Appeal upheld the restraining order and other orders of the Environment and Land Court at Machakos, finding that the transfer of the property to the applicant was unlawful.
Outcome
The applicant's application for leave to appeal is dismissed.
Orders
- The restraining order issued by the Environment and Land Court at Machakos is upheld
- The transfer of the property to the applicant is declared unlawful, null and void
- The title issued to the applicant is cancelled
- The Chief Land Registrar is ordered to issue a title in respect of the property to the 3rd respondent
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