Attorney General v Emfil Limited & 417 others (Civil Appeal 37 of 2020) [2023] KECA 428 (KLR) (14 April 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 428
- Citation
- [2023] KECA 428 (KLR)
- Decided
- 14 April 2023
The appeal is partially successful, setting aside the trial court's orders striking out the defenses of 154th to 318th Defendants and entering judgment for Emfil Limited against them. The orders striking out the defenses of 1st to 7th Defendants are upheld.
Facts
Emfil Limited filed a plaint claiming that 1st to 8th Defendants illegally issued titles and approved developments in Kwale/RamisiKinondo/Squatter Settlement Scheme, which was illegally created from Emfil Limited's land. Other 412 Defendants benefited illegally from the scheme and trespassed on Emfil Limited's land.
Issues
- Ownership of the land
- Validity of the settlement scheme
Reasoning
The court determined that Emfil Limited's ownership of the land was conclusively established by previous court decisions, and the settlement scheme was created on land belonging to Emfil Limited.
Outcome
Partial success
Orders
- Setting aside the orders striking out the defenses of 154th to 318th Defendants
- Upholding the orders striking out the defenses of 1st to 7th Defendants
- Ordering each party to bear their costs of the applications and appeal
Remedies
- Judgment for Emfil Limited against 154th to 318th Defendants
- Judgment for Emfil Limited against 1st to 7th Defendants
Authorities cited
Cases cited (2)
- Emfil Limited v Registrar of Titles Mombasa [2014] eKLR
- Emfil Limited v Hamisi Mwalimu & 9 others, HCCC No 181 of 2007
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