Godfrey Karume & another v Commissioner of Lands & 18 others [2020] KEELC 3759 (KLR)
- Court
- Environment & Land Court
- Case number
- 3759
- Citation
- [2020] KEELC 3759 (KLR)
- Decided
- 6 February 2020
The Court declared that the land is trust land and that the purported cancellation of the Plaintiffs' titles and subsequent transfers were unconstitutional, illegal, and null and void ab initio.
Facts
The Plaintiffs, Godfrey Karume and Timothy Muchina Chege, filed a suit against 19 Defendants, including the Commissioner of Lands and Land Registrars, seeking a declaration that the land they own is trust land, and that the purported cancellation of their titles and subsequent transfers were unconstitutional, illegal, and null and void.
Issues
- Declaration that the land is trust land
- Cancellation of registrations and transfer of land to Plaintiffs
- Damages and costs of construction
Reasoning
The Plaintiffs testified that they purchased the land during the land adjudication process and hold the titles in their names. The Court found that the Land Adjudication Act only applies to trust lands and that the Plaintiffs' titles were therefore null and void.
Outcome
Affirmed
Orders
- Cancellation of all registrations from 22.12.1986 and registration of Plaintiffs as sole proprietors of the suit lands
- Award of general and punitive damages
Remedies
- Damages and costs of construction
Authorities cited
Legislation (2)
- Land Adjudication Act Cap 284
- Government Lands Act Cap 280
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