Rashid Abdulrehman Khator & another (as administrators of the Estate of Tima and Fatuma children of Ali Bashir (Deceased) v Idha Marie Ahmed & 2 others [2019] KEELC 424 (KLR)
- Court
- Environment & Land Court
- Case number
- 424
- Citation
- [2019] KEELC 424 (KLR)
- Decided
- 28 October 2019
The court declared that the 2/3 undivided share of Plot 1738 of section VI Mainland North is registered in the name of the Plaintiffs for the benefit of the heirs of the estates they represent. The 1st Defendant is a trespasser upon a portion measuring 2/3rd of the plot and ordered to be evicted.
Facts
The Plaintiffs, as administrators of the estate of deceased, claimed that the 1st Defendant, Idha Marie Ahmed, had taken possession of and used the 2/3 undivided share of Plot 1738 of section VI Mainland North without authority. The 1st Defendant claimed to have purchased the property from Rukiya Binti Soud in 1999.
Issues
- Ownership of Plot 1738 of section VI Mainland North
- Validity of the 1st Defendant's registration as the owner of the entire plot
Reasoning
The court found that the 1st Defendant was irregularly registered as the owner of the entire plot and that the sale agreement between Rukiya Binti Soud and the 1st Defendant was not valid.
Outcome
For the Plaintiffs
Orders
- A declaration that the 2/3 undivided share of Plot 1738 of section VI Mainland North is registered in the name of the Plaintiffs
- An order of eviction of the 1st Defendant from the 2/3rd portion of the plot
- An order for an account or inquiry as to income accruing to the 1st Defendant
- A permanent injunction barring the 1st Defendant from entering or remaining on the 2/3rd portion of the plot
- The 2nd Defendant to expunge from the register of plot section 1738 of section VI Mainland North any entry made in favour of the 1st Defendant
Remedies
- Declaration of ownership
- Eviction
- Account of income
- Permanent injunction
- Cancellation of registration
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