Mbarak v Freedom Limited (Civil Appeal E028 of 2022) [2024] KECA 160 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 160
- Citation
- [2024] KECA 160 (KLR)
- Decided
- 23 February 2024
The Court affirmed the respondent's ownership and ordered the reconstruction of the registry records based on the documents in the respondent's possession.
Facts
The respondent claimed to be the registered proprietor of plot No. 1948 (Original No. 412/10) Section V Mainland North registered at the Land Titles Registry at Mombasa as CR 32564. The respondent petitioned for various orders, including an order directing the reconstruction of the title register and a declaration that failure to supply an official search certificate was a violation of the Constitution.
Issues
- Ownership of plot No. 1948 (Original No. 412/10) Section V Mainland North
- Interference with proprietary rights
Reasoning
The Court held that the respondent was the registered proprietor of the property and that the appellant's claims were unfounded. The Court also ordered the reconstruction of the registry records based on the documents in the respondent's possession.
Outcome
Affirmed the respondent's ownership and ordered the reconstruction of the registry records.
Orders
- Order directing the reconstruction of the registry records based on the documents in the respondent's possession
Remedies
- Reconstruction of registry records
Authorities cited
Legislation (2)
- Land Registration Act 2012
- Constitution of Kenya 2010
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