Shamsher Kenya Limited v Fayard Abdulrazak Sheikh, Commissioner of Lands, District Lands Registyrar, Kilifi District, Attorney General, Mwenda Kadenge Jefwa, Stephen Kiramana Ilongi, National Land Commission & Estate of Benjamin Raphael Ndubai (Environment & Land Case 139 of 2011 & Civil Case 71 of 2008 (Consolidated)) [2020] KEELC 2410 (KLR) (27 May 2020) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2410
- Citation
- [2020] KEELC 2410 (KLR)
- Decided
- 27 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial judgmentCoramJO OLOLA
Holding
The Court declared Shamsher Kenya Limited as the lawful proprietor of the suit property and ordered the 1st Defendant to remove any constructions on the property.
Facts
Shamsher Kenya Limited sued Fayard Abdulrazak Sheikh and others for a declaration that it is the lawful proprietor of Plot No. Kili/Jimba/332 and for an injunction against the 1st Defendant. The 1st Defendant claimed the property based on a Letter of Allotment issued by the 2nd and 3rd Defendants.
Issues
- Ownership of Plot No. Kili/Jimba/332
- Validity of the Letter of Allotment issued to the 1st Defendant
Reasoning
The Court found that the 1st Defendant had no lawful right to the property and that the Letter of Allotment was fake.
Outcome
Affirmed
Orders
- Declaration that Shamsher Kenya Limited is the lawful proprietor of the suit property
- Order for the 1st Defendant to remove any constructions on the property
Remedies
- Declaration of ownership
- Removal of constructions
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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