Raghbir Singh Sidhu v Kipkemboi Arap Koskei & 5 others [2018] KEELC 290 (KLR)
- Court
- Environment & Land Court
- Case number
- 290
- Citation
- [2018] KEELC 290 (KLR)
- Decided
- 21 December 2018
The court finds that the plaintiff is entitled to be considered for the application for extension of lease by virtue of the principle of legitimate expectation. The registration in respect of the suit property be rectified and the 2nd defendant’s name to be deleted and the name of the plaintiff to be re-entered as the registered proprietor.
Facts
The plaintiff claimed to be the owner of a land parcel in Eldoret Municipality/Block 13/265. He had purchased the land from original allotees and applied for lease extension. However, the 1st and 2nd defendants issued a lease in favor of the 1st defendant, and later transferred the land to the 2nd defendant.
Issues
- Ownership of the land parcel
- Legitimate expectation of lease extension
- Pre-emptive rights of the plaintiff
Reasoning
The court held that the defendants' actions were in breach of rules of natural justice and contravened the plaintiff's legitimate expectation. The plaintiff is entitled to be considered for the application for extension of lease.
Outcome
In favor of the plaintiff
Orders
- Rectification of the register in respect of land title number ELDORET MUNICIPALITY/BLOCK 13/265 to delete the name of the 2nd defendant and in lieu thereof the name of the plaintiff be entered as the registered proprietor.
- Order for the 5th defendant to consider the application of the extension of the lease by the plaintiff that is pending determination.
Remedies
- Rectification of the register
- Consideration of the plaintiff's application for extension of lease
Authorities cited
Legislation (3)
- Article 40 of the Constitution of Kenya 2010
- Article 47(1) of the Constitution of Kenya 2010
- Section 13(1) of the land Act no 6 of 2012
Cases cited (1)
- R Vs Jockey Club exparte TAM Racecourses [1993] 2 All ER 225
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