Nafuu Holdings Limited v Mwangi (Environment and Land Case Civil Suit 652 of 2012) [2022] KEELC 3012 (KLR) (16 June 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3012
- Citation
- [2022] KEELC 3012 (KLR)
- Decided
- 16 June 2022
The Court finds in favor of the Defendant, Nicholas G Mwangi, and dismisses the Plaintiffs' claims. The Defendant is declared the owner of the land LR 209/4401/708 and is granted an injunction against the Plaintiffs.
Facts
The Plaintiff, Nafuu Holdings Limited, claimed a permanent injunction against the Defendant, Nicholas G Mwangi, to prevent him from dealing with the land LR 209/4401/708 situated at Hamza, Makadara, Nairobi. The Defendant claimed ownership of the land and counterclaimed for a declaration that the land belonged to him and for other remedies.
Issues
- Ownership of the land LR 209/4401/708
- Validity of the Plaintiffs' lease registration
Reasoning
The Plaintiffs failed to prove their case as the evidence presented by the Plaintiffs was unprocedural and unlawful. The Defendant demonstrated how he acquired the land.
Outcome
Appeal dismissed in favor of the Defendant
Orders
- Declaration that the land LR 209/4401/708 belongs to the Defendant
- Cancellation of the Plaintiffs' lease registration
- Injunction against the Plaintiffs to prevent them from dealing with the land
Remedies
- Declaration of ownership
- Cancellation of lease registration
- Injunction
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- County Council of Meru & 2 others v PCEA through the Registered Trustees [2020] eKLR
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