Wambugu (Suing as the Legal Representative of John Wamburu Kamau) v Tembo Ventures Housing Co-operative Ltd & another (Environment & Land Case 152 of 2018) [2022] KEELC 2300 (KLR) (25 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2300
- Citation
- [2022] KEELC 2300 (KLR)
- Decided
- 25 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePostureAppeal from the original trialCoramBM EBOSO
Holding
The impugned land register is unlawful and the subsequent registrations are also unlawful.
Facts
The land parcel Ruiru East/Juja East Block 2/1074 was registered in the name of the Government of Kenya on 25/4/2017, then transferred to John Mburu Kamau, and subsequently registered in the name of Tembo Ventures Housing Co-operative Ltd.
Issues
- Whether the land register opened by the Thika Land Registry on 25/4/2017 is lawful.
- Whether the subsequent registrations are lawful.
- Who is the lawful owner of the suit property.
- What are the appropriate reliefs or orders to be made in the circumstances of this suit.
Reasoning
The court found no supporting documentation for the opening of the land register and subsequent transfers, and the land was not owned by the Government of Kenya in 2017.
Outcome
The court ordered the cancellation of the fraudulent land register and the restoration of a lawful register.
Orders
- Order to cancel the fraudulent land register and subsequent entries.
- Order to restore a lawful land register.
- Dismissal of the 1st defendant's counterclaim.
- Equally share the plainti's costs of the primary suit and counterclaim.
Remedies
- Cancellation of fraudulent land register.
- Restoration of lawful land register.
- Dismissal of counterclaim.
Authorities cited
Legislation (1)
- Article 67(2) of the Constitution
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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