Mukwano Distributors Limited v Seuri Legusi Sanoye [2019] KEELC 2140 (KLR)
- Court
- Environment & Land Court
- Case number
- 2140
- Citation
- [2019] KEELC 2140 (KLR)
- Decided
- 31 July 2019
The Plaintiff is declared the bona fide purchaser for value and owner of the land. The Defendant is ordered to vacate the land and restrained from any further encroachment.
Facts
The Plaintiff, Mukwano Distributors Limited, claimed ownership of land in Machakos, Kenya, which the Defendant, Seuri Legusi Sanoye, disputed. The Plaintiff alleged that it had purchased the land from Fello Limited and had registered it in its name. The Defendant claimed ownership based on an earlier court order.
Issues
- Ownership of land L.R. No. 26700/3, Grant No. I.R. 119942
- Validity of the Defendant's earlier court order
Reasoning
The court found that the Plaintiff had a valid title to the land, having purchased it from Fello Limited and registered it in its name. The Defendant's earlier court order was found to have lapsed due to lack of prosecution.
Outcome
In favor of the Plaintiff
Orders
- The Plaintiff be and is hereby declared as the bona fide purchaser for value and owner of title L.R No. 26700/3, Grant No. I.R. 119942.
- The Defendant is hereby ordered to vacate from Land Reference number 26700/3, Grant No. I.R 119942.
- The Defendant be and is hereby restrained whether by himself, his agents, servants, successors or assigns from entering, encroaching, trespassing, working, constructing, fencing, alienating, building or transacting on all that parcel of land known as LR. No. 26700/3 comprised in Grant No. I.R 119942.
Remedies
- Eviction of the Defendant from the land
- Restraint on the Defendant's further encroachment
Authorities cited
Legislation (2)
- Land Registration Act
- Registration of Titles Act (repealed)
Cases cited (2)
- Order 40 Rule 6 of the Civil Procedure Rules
- Section 26 (1) of the Land Registration Act
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