Noorfatma Mohamed Haji Abdulla & another v Aslam Mohamed Haji Abdulla [2020] KEELC 1369 (KLR)
- Court
- Environment & Land Court
- Case number
- 1369
- Citation
- [2020] KEELC 1369 (KLR)
- Decided
- 21 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramA. OMOLLO
Holding
The Plaintiffs have proved their case on a balance of probabilities, and the Defendant's counterclaim is dismissed.
Facts
The Plaintiffs and Defendant are siblings and registered owners of a property in Mombasa. The Defendant transferred his half share to himself in 1987, which the Plaintiffs claim was illegal and without their consent.
Issues
- Validity of the transfer
- Ownership of the property
- Family trust and rights
Reasoning
The court found the transfer to be illegal and without the Plaintiffs' consent, and the Defendant is holding the title in trust for his benefit and the benefit of the Plaintiffs.
Outcome
Judgment for the Plaintiffs in terms of prayers (a), (b), (c) and (g) of the plaint. The Defendant's counterclaim is dismissed.
Orders
- The Defendant to surrender the original title document for Title No. Mombasa/Block XVII/1039 to the Land Registrar of Mombasa District
- The Land Registrar of Mombasa District to revoke the registration of Title NO. Mombasa/Block XVII/1039 in the name of the Defendant
- The Land Registrar of Mombasa District to rectify, cancel and/or amend the entries in the register to reflect the administrators of the estate of Sairabanu Mohamed Haji Abdulla and the administrators of the estate of Sidiq Haji Abdulla Ebrahim as the registered owner thereof as tenants in common in equal shares in place of the Defendant
Remedies
- A declaration that the Defendant irregularly and unlawfully effected the transfer of the property comprised in Title No. Mombasa/Block XVII/1039 into his own name
- A declaration that the Defendant holds the registered interest in the property comprised in Title No. Mombasa/Block XVII/1039 in trust for his entire family including the Plaintiffs, the eleven siblings named herein and their offspring
Authorities cited
Legislation (3)
- Registered Land Act (repealed)
- Land Registration Act
- Law of Succession Act
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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