Peter Kimani v Joseph Orina & 2 others [2021] KEELC 560 (KLR)
- Court
- Environment & Land Court
- Case number
- 560
- Citation
- [2021] KEELC 560 (KLR)
- Decided
- 28 October 2021
The Plaintiff has proved his case on a balance of probabilities and is entitled to a declaration that the plot is his property, a permanent injunction against the Defendants, and the costs of the suit.
Facts
The Plaintiff and his mother applied for a commercial plot in Kayole Shopping Centre in 1993. The plot was allocated to the deceased in 2002, and he constructed buildings on it. The Plaintiff later sold the plot to Nemesyus Warugongo, who then filed a criminal complaint against the deceased. The Plaintiff filed a suit against the deceased and the City Council of Nairobi.
Issues
- Whether the reallocation of the plot to the deceased was unlawful and void ab initio.
- Whether the Plaintiff has a valid claim to the plot and the buildings constructed on it.
Reasoning
The allotment letter was obtained through forgery, and the Plaintiff has shown that he had paid for the plot in 1993. The Defendants' possession of the plot was through deceit.
Outcome
For the Plaintiff
Orders
- A declaration that the plot is the property of the Plaintiff.
- A permanent injunction against the Defendants.
- The costs of the suit.
Remedies
- Declaration of ownership
- Injunction
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