Nakuru Industries Limited v Shah & 2 others (Suing in their Representative Capacities as Trustees of Shree Visa Oshwal Community - Nakuru) (Civil Appeal 24 of 2016) [2024] KECA 1783 (KLR) (6 December 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1783
- Citation
- [2024] KECA 1783 (KLR)
- Decided
- 6 December 2024
The court finds that the respondents are the lawful owners of the suit properties and the registration in favor of the appellant was unprocedural.
Facts
Nakuru Industries Limited sued Vinod Shah, J.S. Shah, and B.L. Shah (as trustees of Shree Visa Oshwal Community - Nakuru) for trespassing on their land and seeking eviction and injunction. The respondents counterclaimed for specific performance of an agreement dated 7th April 1996 transferring property LR No.21975 to them.
Issues
- Ownership of the suit properties
- Validity of the 1996 agreement
Reasoning
The court dismissed the appeal, finding that the respondents are the lawful owners of the suit properties and the registration in favor of the appellant was unprocedural. The court did not find any basis for the appellant's claims regarding ownership.
Outcome
The appeal is disallowed, and the judgment and decree of the High Court is affirmed.
Orders
- The appeal is disallowed.
- The judgment and decree of the High Court at Nakuru Environment and Land Court division (Mulwa, J.) in HCELC No.34 of 2003 issued on 24th March 2016 be and is hereby affirmed.
- Each party to bear own costs.
Authorities cited
Cases cited (1)
- Halsbury’s Laws of England, 3rd Edn. Vol.38 p.861 para 451
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