Peter Wills O. Simba & another v Maria Gesare Sagwe & another [2019] KEELC 1214 (KLR)
- Court
- Environment & Land Court
- Case number
- 1214
- Citation
- [2019] KEELC 1214 (KLR)
- Decided
- 23 October 2019
The court held that the plaintiffs were lawfully allocated Plot No. 27 Nyakoe Market and that the defendants have no proprietary interest over the plot. The court also found that the defendants are trespassers on the suit property.
Facts
The plaintiffs claim they were lawfully allocated Plot No. 27 Nyakoe Market in February 1968. In May 2012, they discovered the plot had been fraudulently subdivided into Plot Nos. 27A and 27B by the defendants. The plaintiffs filed a suit seeking declaration of the subdivision as fraudulent, cancellation of the register, and other remedies.
Issues
- Whether the plaintiffs were lawfully allocated Plot No. 27 Nyakoe Market and if so, whether the plot has been lawfully subdivided into Plot Nos. 27A and 27B?
- Whether the defendants have any proprietary interest over Plot No. 27 Nyakoe Market?
- Whether the defendants are trespassers on the suit property?
Reasoning
The court found that the plaintiffs were lawfully allocated the plot and that the defendants caused the fraudulent subdivision without their knowledge, consent, or authority.
Outcome
Judgment for the plaintiffs
Orders
- Declaration that the subdivision of the original plot and the transfer of the resultant portions were fraudulent, illegal, null and void
- Cancellation and/or rectification of the register in respect of Plot Numbers 27A and 27B, Nyakoe Market
- Restoration of the original plot card, that is, Plot Number 27, Nyakoe Market
- Permanent injunction restraining the defendants from entering upon the suit plot
- General damages for trespass
- Costs of the suit to be borne by the defendants
Remedies
- Declaration of fraud
- Cancellation of register
- Restoration of plot card
- Injunction
- Damages
- Costs
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