Sarah Jelangat Siele v Attorney General & 2 others [2016] KEELC 906 (KLR)
- Court
- Environment & Land Court
- Case number
- 906
- Citation
- [2016] KEELC 906 (KLR)
The Court held that the title deed issued to the 3rd Defendant is invalid and that the Plaintiff has a valid title to plot number 103, Watamu.
Facts
The Plaintiff, Sarah Jelangat Siele, claims to be the proprietor of plot number 103, Watamu. She alleges that the Chief Land Registrar issued a title deed for plot number Kilifi/Jimba/1125 to the 3rd Defendant, which subsumes and extinguishes her plot. The 2nd and 3rd Defendants assert that the Plaintiff's plot was not available for alienation by the State after 2nd August, 1990.
Issues
- Validity of the title deed issued to the 3rd Defendant
- Ownership of plot number 103, Watamu
- Right to a permanent injunction
Reasoning
The Court found that the land was already a government block and that the issuance of the title deed was illegal due to the embargo over the land.
Outcome
The Plaintiff's claim for a declaration that she has a valid title to plot number 103 Watamu was upheld.
Orders
- Declaration that the Plaintiff has a valid title to plot number 103 Watamu
Remedies
- Declaration that the Plaintiff has a valid title to plot number 103 Watamu
Authorities cited
Legislation (2)
- Registration of Titles Act
- Land Act
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