Alshad Gulamali Surani & another v Minister for Housing & 2 others [2020] KEELC 3107 (KLR)
- Court
- Environment & Land Court
- Case number
- 3107
- Citation
- [2020] KEELC 3107 (KLR)
- Decided
- 9 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramS. M. KIBUNJA
Holding
The Plaintiffs' claims are upheld, and the Defendants are ordered to vacate the property and remove the restriction.
Facts
The Plaintiffs, Alshad Gulamali Surani and Zulekha Sadrudin Esmail, claimed against the Defendants, The Minister for Housing, District Land Registrar, Kisumu, and The Attorney General, for vacant possession, mesne profits, removal of restrictions, and general damages for trespass to property.
Issues
- Ownership and possession of the property
- Eviction of tenants
- Registration of restrictions
Reasoning
The Plaintiffs were the registered proprietors and had let out the property to tenants. The Defendants evicted the tenants and registered a restriction against the title.
Outcome
Appeal upheld
Orders
- The 1st Defendant (The Minister for Housing) to vacate the property and remove the restriction
Remedies
- Vacant possession
- Mesne profits
- Removal of restriction
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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