Solian Investment Limited v KSC International Limited in Receivership (Formerly known as Kundan Singh Construction Limited) & 5 others (Environment & Land Case 22 of 2016) [2022] KEELC 13548 (KLR) (19 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13548
- Citation
- [2022] KEELC 13548 (KLR)
- Decided
- 19 October 2022
The court found that the defendant's creation of title No Mtondia/Roka/11 was illegal and that the plaintiff's title to title No 15351 is null and void.
Facts
Solian Investment Limited (plaintiff) claims that KSC International Limited in Receivership (defendant) illegally created a new land parcel (title No Mtondia/Roka/11) that engulfs and subsumes their existing land (title No 15351, CR 22091). The defendant claims it purchased the land as an innocent purchaser for value without notice of defects.
Issues
- Whether the defendant's creation of title No Mtondia/Roka/11 was illegal and whether the plaintiff's title to title No 15351 is null and void.
- Whether the defendant acquired a lawful title to title No Mtondia/Roka/11.
Reasoning
The court determined that the defendant's creation of title No Mtondia/Roka/11 was illegal and that the plaintiff's title to title No 15351 is null and void due to the irregular creation and amendment of the registry index map.
Outcome
The court dismissed the plaintiff's claims.
Orders
- The court declared that the defendant's creation of title No Mtondia/Roka/11 was illegal and that the plaintiff's title to title No 15351 is null and void.
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