John Njenga Njau v Peter Njoroge Njau [2017] KEELC 1817 (KLR)
- Court
- Environment & Land Court
- Case number
- 1817
- Citation
- [2017] KEELC 1817 (KLR)
The Court held that the suit property belongs to the Plaintiff and that the Defendant's claim to the property is not valid.
Facts
The Plaintiff and Defendant are brothers who jointly owned a larger parcel of land known as Limuru/Kamirithu/1667. This land was subdivided into four portions, including the suit property. The Plaintiff claims ownership of the suit property, while the Defendant claims it belongs to him after he purchased it back from Mr. Peter Mbugua Kariuki.
Issues
- Who is the duly registered proprietor of the suit property between the Plaintiff and the Defendant
Reasoning
The Court found that the Plaintiff was entitled to the suit property and that the Defendant's purchase of the property from Mr. Peter Mbugua Kariuki was not valid.
Outcome
The Plaintiff was granted a permanent injunction, a declaration of ownership, and a mandatory order for the transfer of the suit property.
Orders
- A permanent injunction restraining the Defendant from alienating, selling, disposing, leasing, farming, building and or dealing with the suit property.
- A declaration that the suit property belongs to the Plaintiff.
- A mandatory order requiring the Defendant to execute the requisite transfer forms and surrender the original title and any other relevant documents to the Plaintiff to facilitate the transfer of the suit property in favor of the Plaintiff.
Remedies
- A declaration that the Plaintiff is entitled to the Kshs. 218,000/- in respect of the acquisition of a portion of the suit property acquired in the year 2010-2011 by the Kenya Government in respect of the construction of the THOGOTO-GIKAMBURA-MUTARAKWA road.
Loading judgment…