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Philip Munyao Mutwota & another v Elijah Mulala & 31 others [2019] KEELC 335 (KLR)

[2019] KEELC 335 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
335
Citation
[2019] KEELC 335 (KLR)
Decided
5 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication for an order directing the Registrar of Lands to cancel transactions and revert land to acreageCoramMBOGO C. G., Mr. Ngumbo, Mr. Nthiwa, Ms. C. Nzioka
Holding

The application is allowed, and the Registrar of Lands is directed to cancel all transactions and revert the land to acreage of 11.65 hectares.

Facts

The plaintiffs are administrators of the estates of deceased persons and claim that land parcel number Mukaa/Kiima Kiu/Block 1/81 is registered in the names of the deceased persons. The defendants dispute the search certificate.

Issues

  1. Was there trespass?
  2. Will damage occur?

Reasoning

The plaintiffs have shown a prima facie case and will suffer irreparable harm if the order of injunction is not granted. The balance of convenience tilts in favor of the plaintiffs.

Outcome

The application is allowed.

Orders

  • An order directing the Registrar of Lands to cancel all transactions and revert the land to acreage of 11.65 hectares.

Remedies

  • Injunction to prevent further transactions on the land.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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