Trustees Chrisco Church Nakuru v Samwel Kibowen Towett & 4 others [2017] KEELC 1646 (KLR)
- Court
- Environment & Land Court
- Case number
- 1646
- Citation
- [2017] KEELC 1646 (KLR)
The plaintiff's suit is dismissed with costs to the defendants due to the inconsistencies in the title held by the plaintiff and the evidence of the Land Registrar.
Facts
The plaintiff, Trustees Chrisco Church Nakuru, purchased land from Joseph Kiplangat Muge in 2010. The Land Registrar, Nakuru, issued a new title deed to the 1st defendant, Samwel Kibowen Towett, who transferred the property to the 2nd defendant, Isaac Kipkemboi Towett. The plaintiff claims the genuine title is held by the defendants and not the plaintiff.
Issues
- Whether the plaintiff is the legal owner of the land
- Whether the Certificate of Lease issued to the defendants is null and void
- Whether the loan granted to the 3rd defendant using the fraudulent title is a nullity
- Whether the plaintiff's title is valid and supported by relevant evidence
- Whether the plaintiff's suit should be dismissed with costs to the defendants
Reasoning
The Land Registrar's evidence is significant and the plaintiff's title is unsupported from any relevant quarter. The genuine title is held by the 2nd defendant.
Outcome
Dismissal of the plaintiff's suit with costs to the defendants
Orders
- The plaintiff's suit is dismissed with costs to the defendants
- The 2nd defendant deserves to fully enjoy his property to the exclusion of all others
- The plaintiff's suit is dismissed with costs to the defendants
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