Telposta Pension Scheme Registered Trustees v John Mbugua Kenda & others [2020] KEELC 3913 (KLR)
- Court
- Environment & Land Court
- Case number
- 3913
- Citation
- [2020] KEELC 3913 (KLR)
- Decided
- 22 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from original trialCoramJUSTICE MUNYAO SILA
Holding
Telposta Pension Scheme is the entity with good title to the disputed land and their titles are upheld. The titles Gilgil Karunga Block 9 and the purported plots are nullified.
Facts
The land in dispute was compulsorily acquired by the Government and later allotted to Telposta Pension Scheme. Various parties claim ownership of the same land under different titles.
Issues
- Ownership of the land registered as Gilgil Township Block 4/82 and 83
- Validity of the titles Gilgil Karunga Block 9 and the purported plots
Reasoning
The land was compulsorily acquired by the Government and later allotted to Telposta Pension Scheme. The evidence does not support the claims of the other parties.
Outcome
Judgment in favor of Telposta Pension Scheme
Orders
- Nullify and cancel the titles of the defendants in the suit ELC No. 225 of 2012, and the plaintiffs in the suits Nakuru ELC No. 226 of 2012, Nakuru ELC No. 153 of 2014, and Nakuru ELC No. 75 of 2015
- Nullify the Registry Index Map bearing the prefix Gilgil/Karunga Block 9 (Ol Burgel) so long as it falls within the land occupied by the titles Gilgil/Township Block 4/82 and 83
- Forcefully evict the defendants in the suit Nakuru ELC No.225 of 2012, and the plaintiffs in the suits Nakuru ELC No.226 of 2012, Nakuru ELC No.153 of 2014, and Nakuru ELC No. 75 of 2015 from the land Gilgil Township Block 4/82 & 83
- Award costs of all the consolidated suits to Telposta Pension Scheme
Remedies
- Eviction of the defendants from the disputed land
- Award of costs to Telposta Pension Scheme
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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