Mohansons (Kenya) Limited v Registrar of Titles & 2 others [2017] KEELC 2730 (KLR)
- Court
- Environment & Land Court
- Case number
- 2730
- Citation
- [2017] KEELC 2730 (KLR)
- Decided
- 6 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConservatory Order ApplicationPostureApplication for conservatory order grantedCoramAg., Ibrahim, Lutta, Majanja, Okwengu, Spry
Holding
The conservatory orders are granted, allowing the petitioner to have vacant possession of the property pending the determination of the petition.
Facts
The petitioner is the registered proprietor of a property at L.R. No. MN/I/2149 Beach Road, Nyali, registered as Title No. C.R. 14642 at the Land Title Registry, Mombasa. The second and third respondents are alleged to be in possession of the property.
Issues
- Whether the second respondent has a valid title to the property
- Whether the third respondent can make entries in the property's registry
Reasoning
The court held that the petitioner has a prima facie case and the injury would be irreparable if the conservatory orders were not granted.
Outcome
The application for conservatory orders is granted.
Orders
- The second respondent gives vacant possession of the property to the petitioner pending determination of the petition.
- The third respondent can make entries in the property's registry in exercise of its statutory power of sale or in execution of a valid decree or order of a competent court.
Remedies
- Vacant possession of the property by the second respondent pending determination of the petition.
- Statutory power of sale by the third respondent in exercise of its statutory power.
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (2)
- Wreck Motor Enterprises v Commissioner of Lands & 3 others [1997] eKLR
- Mombasa Constitutional Petition No. 62 of 2014, Muslims for Human Rights (MUHURI) & 4 Ors. v. Inspector General of Police & 2 Ors.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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