Elijah Somboriot Cheruiyot & 3 others v Anthony Kiarie Waithaka & 3 others [2019] KEELC 2873 (KLR)
- Court
- Environment & Land Court
- Case number
- 2873
- Citation
- [2019] KEELC 2873 (KLR)
- Decided
- 25 June 2019
The Court finds that the Plaintiffs have proved their case on a balance of probability and allows the Plaintiffs' claims entirely with costs to be borne with interest by the 1st Defendant.
Facts
The Plaintiffs claim that the decision and decrees of the Laikipia West District Rumuruti Division Land District Tribunal and the subsequent registration of the land parcel by the 1st Defendant are illegal and null.
Issues
- Validity of the decision and decrees of the Land District Tribunal
- Nullification of the registration of the land parcel
- Cancellation of the 1st Defendant's registration and titles
- Reinstatement of Plaintiffs' registration and titles
- Permanent injunction against Defendants
Reasoning
The Court has supervisory powers to check the excess of jurisdiction and compliance with the rule of law by inferior tribunals and public bodies. The Plaintiffs have shown that the titles of the Defendants were procured un-procedurally and through misrepresentation, thus the titles are impeachable.
Outcome
Plaintiffs' claims allowed with costs and interest to be borne by the 1st Defendant.
Orders
- Cancellation of the 1st Defendant's registration and titles
- Reinstatement of Plaintiffs' registration and titles
- Permanent injunction against Defendants
Remedies
- Declaration of the decision and decrees as illegal and null
- Cancellation of the 1st Defendant's registration and titles
- Reinstatement of Plaintiffs' registration and titles
- Permanent injunction against Defendants
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Lekinyot Ole Lanke v Attorney General & 2 others [2015] eKLR
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