Patrick Chege Githuka v Peter Maina Kanene & 4 others [2020] KEELC 3440 (KLR)
- Court
- Environment & Land Court
- Case number
- 3440
- Citation
- [2020] KEELC 3440 (KLR)
- Decided
- 17 February 2020
The court declared the plaintiff as the registered proprietor of the land and ordered the cancellation of the charge. The court set aside the proceedings on 4 February 2020 due to irregularities.
Facts
The plaintiff, Patrick Chege Githuka, claimed to be the registered proprietor of a parcel of land known as Thika Municipality Block 24/1298. He alleged that the defendants, Peter Maina Kanene and Nancy Njeri Kanene, had illegally and fraudulently charged the land to secure a loan from the 3rd defendant, Equity Bank Limited. The plaintiff sought a declaration of his ownership, cancellation of the charge, and an injunction against the defendants.
Issues
- Ownership of the land
- Legality of the charge
- Injunction against the defendants
Reasoning
The court found that the plaintiff was the registered proprietor of the land and that the charge was illegal and fraudulent. The court also ruled that the defendants should not interfere with the land.
Outcome
The plaintiff's claims were upheld.
Orders
- Declaration of plaintiff as registered proprietor
- Cancellation of charge against the land
- Injunction against defendants
Remedies
- Declaration of ownership
- Cancellation of charge
- Injunction
Loading judgment…