Tendulkar Property Limited v Shamshudin Khosla & 4 others [2022] KEELC 475 (KLR)

Facts

The petitioner, Tendulkar Property Limited, claims to own a piece of land delineated in Plan No. 91659, which was transferred through various entities. The Director of Surveys and the Commissioner of Lands are alleged to have altered the boundaries and excised a portion of the petitioner's land.

Issues

1. Declaration that action of Director of Survey in excising petitioner’s land is illegal
2. Declaration that action of surveying an alleged Government land is illegal
3. Prohibition to stop respondents from interfering with the land that the petitioner believes to belong to her

Reasoning

There is no action of attempting to excise any portion of the petitioner's land, and the v-shaped land is not unconstitutional to survey. The court cannot issue a blanket order prohibiting respondents from challenging the petitioner's title.

Outcome

Petition dismissed