Mas Construction Limited v Sheikh & 6 others (Civil Appeal E789 of 2023) [2025] KECA 349 (KLR) (28 February 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 349
- Citation
- [2025] KECA 349 (KLR)
- Decided
- 28 February 2025
The trial court's judgment is upheld, and the appeal is dismissed with costs to the 1st and 2nd respondents against the appellant, 3rd and 4th respondents, jointly and severally.
Facts
The 1st and 2nd respondents, Abdul Waheed Sheikh and Abdul Hameed Sheikh, filed a suit in the Environment and Land Court against the appellant and the 3rd to 7th respondents. They claimed ownership of a parcel of land located along 1st Parklands Avenue within Nairobi. The appellant and the 5th respondent entered the property and took possession of the furniture, goods, and chattels. The suit was filed in 2014.
Issues
- Ownership of the land
- Validity of the appellant's title
Reasoning
The court found that the appellant's title was procured through fraud and that the demolition of the house on the property was a fraudulent act. The court ordered the appellant to pay Kshs.10,000,000 for the demolition of the house.
Outcome
Appeal dismissed
Orders
- Costs to the 1st and 2nd respondents
Remedies
- Kshs.10,000,000 for the demolition of the house
Authorities cited
Cases cited (2)
- Chief Land Registrar & 4 others v Nathan Tirop Koech & 4 others [2018] eKLR
- Torino Enterprises Limited vs Attorney General (Petition 5) (E006) of 2022 [2023] KESC 79 (KLR)
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