Mwang’a Mutinda v Mawili Ndeleva & 5 others [2017] KEELC 2370 (KLR)
- Court
- Environment & Land Court
- Case number
- 2370
- Citation
- [2017] KEELC 2370 (KLR)
- Decided
- 16 June 2017
The court maintains the status quo and does not issue injunctive orders.
Facts
The Plaintiff, Mwang’a Mutinda, applied for sections 24, 25, and 26 of the Land Registration Act, claiming the suit land. The Defendants, Mawili Ndeleva and five others, were respondents. The Plaintiff claimed the land based on a Title Deed issued on 3rd August, 2016, and was registered as the proprietor of the land on 8th July, 1976. Shops on the land were permanent.
Issues
- Whether the Plaintiff is entitled to the land under sections 24, 25, and 26 of the Land Registration Act.
- Whether the Plaintiff will be prejudiced if injunctive orders are not issued.
- Whether the Defendants have occupied the suit land since the 1950s.
Reasoning
The court considers the Plaintiff's claim based on the Title Deed and registration, but finds that the Plaintiff has not explained how or who constructed the permanent shops on the land. The court also notes that the Defendants have occupied the land since the 1950s.
Outcome
The Plaintiff's application for sections 24, 25, and 26 of the Land Registration Act is dismissed.
Orders
- The status quo prevailing as at the date of this Ruling to be maintained pending the hearing and determination of the suit.
- The costs of the Application to be in the cause.
Remedies
- Maintenance of the status quo
Authorities cited
Legislation (1)
- Land Registration Act
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