Titus Abidha Gondi v Tina Nasipwondi Romano & 4 others [2021] KEELC 2914 (KLR)
- Court
- Environment & Land Court
- Case number
- 2914
- Citation
- [2021] KEELC 2914 (KLR)
- Decided
- 14 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureOriginal TrialCoramBoaz N. Olao
Holding
The plaintiff's application for an injunction and conservation orders is allowed.
Facts
The plaintiff, Titus Abidha Gondi, claims to be the registered proprietor of land parcel NO EAST BUKUSU/SOUTH KANDUYI/3766, which he acquired by exchange with land parcel NO EAST BUKUSU/SOUTH KANDUYI/2243. The defendants, including the County Land Registrar and Surveyor, are interfering with his possession and use of the land.
Issues
- Injunction to restrain defendants from interfering with plaintiff's possession of land parcel NO EAST BUKUSU/SOUTH KANDUYI/3766
- Inhibition order on registration of land parcels
- Conservation orders on index cards
Reasoning
The court found that the defendants were interfering with the plaintiff's possession of the land and that the Land Registrar had failed to maintain the register and index cards as required by law.
Outcome
The plaintiff's application is allowed.
Orders
- Temporary injunction restraining defendants from interfering with plaintiff's possession of land parcel NO EAST BUKUSU/SOUTH KANDUYI/3766
- Inhibition order on registration of land parcels
- Conservatory Order on index cards creating land parcels NO EAST BUKUSU/SOUTH KANDUYI/3765 and 3766
- Plaintiff to ensure suit is heard and determined within 12 months or injunction will lapse
- Costs to be in the cause
Remedies
- Injunction
- Inhibition order
- Conservation orders
Authorities cited
Legislation (1)
- Land Registration 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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