Kamuthi Housing Co-operative Society Limited v Amos Mbuthia Mukami [2017] KEELC 1195 (KLR)
- Court
- Environment & Land Court
- Case number
- 1195
- Citation
- [2017] KEELC 1195 (KLR)
- Decided
- 17 October 2017
The Court allows the Plaintiff's application in terms of prayer Four (4), Six (6) and Seven (7) of the Motion dated 20th March 2017, declaring the Plaintiff as the registered owner of the property and ordering the Defendant to stop subdividing the land.
Facts
The Plaintiff/Applicant is the registered owner of a property measuring 8.891 hectares. The Defendant/Respondent instigated unknown persons to invade and subdivide the property. The Plaintiff reported the invasion to the police, but the Defendant did not attend and continued to subdivide the land.
Issues
- Ownership of the property
- Subdivision of the property
Reasoning
The Court found that the Plaintiff was the registered owner of the property and had prima facie evidence of this. The Defendant's actions were in violation of the Plaintiff's rights.
Outcome
In favor of the Plaintiff
Orders
- Ordering the Defendant to stop subdividing the land
- Declaring the Plaintiff as the registered owner of the property
Remedies
- Declaration of ownership
- Prohibition of further subdivision
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