Westwood Properties Limited v County Government of Kiambu & another [2021] KEELC 1414 (KLR)
- Court
- Environment & Land Court
- Case number
- 1414
- Citation
- [2021] KEELC 1414 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks declaration that restriction on property is illegal, null and void, and removal of restriction.CoramB M Ebose
Holding
Granting prayer 3 of the notice of motion, the restriction on the property is declared illegal, null and void, and the restriction is removed.
Facts
Applicant purchased property in 2013 and holds a certificate of lease. 1st Respondent placed a restriction on the property without consultation, pending an undisclosed case.
Issues
- Validity of restriction
- Declaration of bona fide registered owner
- Removal of restriction
Reasoning
Applicant is the registered proprietor and the restriction was placed without due process, violating constitutional and statutory protections.
Outcome
Granting prayer 3 of the notice of motion
Orders
- Declaration that restriction is illegal, null and void
- Order for removal of restriction
Remedies
- Removal of restriction
Authorities cited
Legislation (2)
- Land Registration Act
- Fair Administrative Action Act
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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