Joseph Githoro Boro v Embakasi Ranching Company Limited [2017] KEELC 3062 (KLR)
- Court
- Environment & Land Court
- Case number
- 3062
- Citation
- [2017] KEELC 3062 (KLR)
- Decided
- 31 March 2017
The Plaintiff is the legal owner of Plot No. F 168 Block 105/1290. The Defendant is ordered to execute a transfer of lease in favor of the Plaintiff. The Defendant is restrained from allocating or transferring the property to third parties and from interfering with the Plaintiff's peaceful occupation of the property. The costs of the suit are to be paid by the Defendant.
Facts
The Plaintiff, Joseph Githoro Boro, claimed ownership of Plot No. F 168 Block 105/1290, share certificate No. 4059, which he alleged the Defendant, Embakasi Ranching Company Limited, allocated to him on 28th November 1992. The Plaintiff paid all the requisite charges and was shown the boundaries of the property by the Defendant's surveyor. Despite fulfilling all the conditions, the Defendant refused to transfer the property to the Plaintiff.
Issues
- Ownership of Plot No. F 168 Block 105/1290
- Compulsory transfer of lease in favor of the Plaintiff
- Permanent injunction against Defendant's interference with Plaintiff's occupation of the property
Reasoning
The court found that the Defendant's action was unjustified and a breach of the agreement, leading to a breach of the agreement.
Outcome
Judgment for the Plaintiff
Orders
- A declaration that the Plaintiff is the legal owner of Plot No. F 168 Block 105/1290
- An order that the Defendant does execute a transfer of lease in respect of Plot No. 168 Block 105/1290 in favor of the Plaintiff
- A permanent injunction restraining the Defendant by itself, its agents, servants or employees from allocating or transferring Plot No. F. 168 Block 105/1290 to third parties and/or interfering with the Plaintiff’s peaceful occupation of the said parcel of land
- The costs of the suit to be paid by the Defendant
Remedies
- Declaration of ownership
- Compulsory transfer of lease
- Permanent injunction
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