Melina Limited & 4 others v Four Island Bay Limited [2020] KEELC 3303 (KLR)
- Court
- Environment & Land Court
- Case number
- 3303
- Citation
- [2020] KEELC 3303 (KLR)
- Decided
- 13 March 2020
The Court finds in favor of the Plaintiffs and grants a perpetual injunction restraining the Defendant from entering into and/or carrying out any activities upon the suit properties.
Facts
The Plaintiffs claim to own five plots in Watamu Township, while the Defendant claims to be the registered proprietor of the same land. The Plaintiffs allege that the Defendant entered the plots without right and erected a wall, while the Defendant denies this and claims to have acquired the land through a series of transfers.
Issues
- Ownership of the five plots in Watamu Township
- Validity of the Plaintiffs' title deeds
Reasoning
The Court considers the Plaintiffs' title deeds and the Defendant's claim to the land. The Plaintiffs' title deeds are found to be valid, and the Defendant's actions are deemed to be in breach of the Plaintiffs' proprietary rights.
Outcome
In favor of the Plaintiffs
Orders
- Perpetual injunction restraining the Defendant from entering into and/or carrying out any activities upon the suit properties
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