Zep-Re (PTA Reinsurance Company) v Transjuba International Limited & 2 others [2017] KEELC 2262 (KLR)
- Court
- Environment & Land Court
- Case number
- 2262
- Citation
- [2017] KEELC 2262 (KLR)
The Plaintiff is the registered owner of the Suit Property and is entitled to all the rights and privileges under the lease.
Facts
The Plaintiff, ZEP-RE (PTA Re-Insurance Company), was allocated L.R No. 209/12259 I.R No. 67269 by the Government of Kenya in 1995. In 2007, a shanty was erected on the land by Mr. Patrick Nyamweya, who was later identified as the 1st Defendant. The Plaintiff reported the trespass to the police and filed a suit seeking to have the 1st Defendant's title declared null and void.
Issues
- Ownership of the Suit Property
- Rectification of records
Reasoning
The court found that the Plaintiff was registered as the proprietor of the Suit Property, which vested in them the leasehold interest and all rights and privileges subject to the lease.
Outcome
The Plaintiff's suit is upheld, and the 1st Defendant's title is declared null and void. The Plaintiff is granted the costs of the suit.
Orders
- Declaration that the 1st Defendant's title and ownership of LR No. 209/12259 I.R No. 67269 is null and void
- Order directing the Registrar of Titles and Commissioner of Lands to recall and cancel the 1st Defendant's title and rectify its records to show that the Plaintiff is the lawful owner of the suit premises
- Granting the Plaintiff the costs of the suit against the 1st Defendant
Remedies
- Declaration of nullity of the 1st Defendant's title
- Rectification of records to show Plaintiff as lawful owner
Authorities cited
Legislation (1)
- Land Registration Act
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