Rosh Motors Limited v Abdulrahman Kassim Jeffer & 5 others [2022] KEELC 1889 (KLR)
- Court
- Environment & Land Court
- Case number
- 1889
- Citation
- [2022] KEELC 1889 (KLR)
- Decided
- 18 January 2022
The Honorable Court concludes that the 4th Defendant had the legal capacity to transact with the Plaintiff as they did, and the title held by the 4th Defendant is deemed by law to be good.
Facts
The Plaintiff, Rosh Motors Limited, filed a suit against the 1st to 6th Defendants alleging that the Defendants had verbally threatened them and made claims to the suit property. The Plaintiff claimed to have acquired the property through a sale agreement on May 26, 2010, and sought declarations and injunctions.
Issues
- Whether the Plaintiff is entitled to the ownership and hence the absolute and registered indefeasible title, interest and right to the suit property?
- Whether the Parties are entitled to the prayers sought?
- Whether the 4th Defendant is entitled to costs having defended the case upto its closure?
- Who will bear the costs of the suit?
Reasoning
The Court found that the Plaintiff's title was protected under the Provisions of Section 75(1) of the former Constitution of Kenya and Article 40(1) (2) of the Constitution of Kenya of 2010, and the Plaintiff's claim to the property was based on a valid sale agreement.
Outcome
The appeal was dismissed.
Orders
- A declaration that the Plaintiff is a bona fide purchaser for value without notice and the rightful legal owner of the property known as Land Reference No. Mombasa/Block XIX/315.
- A declaration that the Plaintiff's ownership, title and possession of the said suit property cannot be subject to challenge by the 1st, 2nd and 3rd Defendants.
- Permanent injunction orders to prevent the 1st, 2nd and 3rd Defendants and their agents from interfering with the suit property in any way.
Authorities cited
Legislation (3)
- Registered Land Act Cap. 300
- Land Registration Act of 2012
- Constitution of Kenya of 2010
Cases cited (1)
- Fletcher –Versus- Peck Case (Supra)
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