Malindi Ginneries Limited v Kahindi Thoya Chea and 99 others [2021] KEELC 2067 (KLR)
- Court
- Environment & Land Court
- Case number
- 2067
- Citation
- [2021] KEELC 2067 (KLR)
- Decided
- 15 September 2021
The Plaintiff has proved its case on a balance of probabilities and is granted a permanent injunction restraining the Defendants from interfering with its quiet possession of the subject properties. The Plaintiff is also awarded Kshs 3 Million in general or exemplary damages.
Facts
The Plaintiff, Malindi Ginneries Limited, claims to be the registered proprietor of two adjacent parcels of land (Portion No. 1737 and Portion No. 300) in Malindi, Kilifi County. In 2012, the Plaintiff agreed to allot portions of land to 64 squatters. In 2015, the Defendants invaded the properties, cutting down trees and erecting temporary and permanent shelters.
Issues
- Ownership of the land
- Right to quiet possession
- Compulsory eviction of Defendants
Reasoning
The Plaintiff is the registered proprietor of the land, evidenced by the titles and the Land Registration Act. The Defendants' entry onto the properties without permission is inconsistent with the Plaintiff's ownership.
Outcome
Plaintiff's Motion Granted
Orders
- Permanent injunction restraining Defendants from interfering with Plaintiff's quiet possession
- Permanent injunction restraining Defendants from occupying, selling, charging, or disposing of the properties
- Compulsory eviction of Defendants from the properties
- Award of Kshs 3 Million in damages
Remedies
- Permanent injunction
- Compulsory eviction
- Damages
Authorities cited
Legislation (3)
- Land Registration Act
- Indenture dated 30th September 1948
- Certificate of Postal Search dated 8th February 2001
Cases cited (2)
- Section 26 of the Land Registration Act
- Section 24(a) of the Land Registration Act
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