Meso Multiporpose Society Limited v Luore Nyairo Company Limited & 3 others [2020] KEELC 24 (KLR)
- Court
- Environment & Land Court
- Case number
- 24
- Citation
- [2020] KEELC 24 (KLR)
- Decided
- 7 May 2020
The plaintiff’s suit is dismissed. The 1st defendant’s counter-claim is allowed in terms of prayers (a) and (b) of the 1st Defendant’s counter-claim. The plaintiff and its members are ordered to vacate and deliver vacant possession of the suit properties within sixty (60) days from the date of delivery of this judgment.
Facts
Parcel LR No. 7060/2 was subdivided into LR No. 7060/3 and LR No. 7060/4, and the latter was sold to the 1st defendant. The plaintiff claimed to have purchased 600 acres from the original owner, but the evidence showed that only 350 acres were sold to the 1st defendant.
Issues
- Whether the plaintiff purchased land parcel No.7060/2
- Was the subdivisions of parcel LR. N. 7060/2 into LR No.7060/3 and LR No.7060/4 and the subsequent transfers fraudulent
- Whether the plaintiff has any interest in the suit property
- Whether the plaintiff is entitled to the orders sought in the re-amended plaint
- Whether the 1st defendant is entitled to the orders sought in the counter-claim
- Who bears the costs of the suit
Reasoning
The evidence showed that parcel LR No. 7060/2 had already been subdivided into LR No. 7060/3 and LR No. 7060/4, and LR No. 7060/4 had been sold to the 1st defendant. The plaintiff's claim of purchasing 600 acres was not supported by evidence.
Outcome
The plaintiff's suit is dismissed.
Orders
- The plaintiff’s suit is dismissed.
- The 1st defendant’s counter-claim is hereby allowed in terms of prayers (a) and (b) of the 1st Defendant’s counter-claim.
- The plaintiff and its members are hereby ordered to vacate and deliver vacant possession of the suit properties within sixty (60) days from the date of delivery of this judgment.
- For the avoidance of doubt, the plaintiff and its members are hereby ordered to vacate and deliver vacant possession of the suit properties being parcels LR. No7060/3 and LR No. 7060/4 within sixty (60) days from the date of delivery of this judgment, in default, they be evicted therefrom and their structures on the suit properties demolished.
Remedies
- The plaintiff and its members are ordered to vacate and deliver vacant possession of the suit properties within sixty (60) days from the date of delivery of this judgment.
- For the avoidance of doubt, the plaintiff and its members are hereby ordered to vacate and deliver vacant possession of the suit properties being parcels LR. No7060/3 and LR No. 7060/4 within sixty (60) days from the date of delivery of this judgment, in default, they be evicted therefrom and their structures on the suit properties demolished.
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