Tima Farouk Athman v Faiza Ahmed Salim & 4 others [2018] KEELC 541 (KLR)

Facts

The Plaintiff, Tima Farouk Athman, claimed ownership of two plots of land (Plot No.430/1/MN and Plot No.15135/I/MN) in Mtopanga, Mombasa. He alleged that he purchased the plots from Faiza Ahmed Salim, the 1st Defendant, and that the subsequent sale of the plots was unlawful. The 1st Defendant did not appear or file a defence, while the other Defendants filed affidavits but no defence.

Issues

1. Whether the Plaintiff is the lawful owner of the two plots
2. Whether the Plaintiff is entitled to ownership of Plot No.15135

Reasoning

The court found that the Plaintiff did not purchase the plots but rather entered into agreements for construction of a house on the plots. The Plaintiff did not present evidence of payment for the plots, and the title to Plot No.15135 was registered in the names of the 3rd and 4th Defendants.

Outcome

The Plaintiff is declared the owner of a house on Plot No.430/I/MN. Mesne profits are awarded from 1st January 2013 until possession is obtained, recoverable from the 1st Defendant. The Plaintiff is not entitled to ownership of Plot No.15135.

Authorities cited