Salim & another v Shallo & 5 others (Environment & Land Case 17 of 2014) [2023] KEELC 16958 (KLR) (24 April 2023) (Judgment)

Summary at a glance

Facts

The plaintiffs claim to be the registered proprietors of Kili/Takaye/Musoloni/666 and 483, while the defendants claim a 99-year leasehold interest in the same land based on a title document issued on 21st February, 2013.

Issues

• Whether the plaintiffs' title and the defendants' title refer to the same parcel of land
• Who the legal/registered owner of Takaye/Musoloni/666 and Takaye/Musoloni/483 is

Reasoning

The court held that the plaintiffs' title was the first in time and that the defendants' title was fraudulent and null and void due to the mistake in issuing two titles for the same parcel of land.

Outcome

The defendants' title is null and void, and the plaintiffs' title is upheld.

Orders

• The defendants issue an order to restore the land to its original state.
• The defendants' title is cancelled and recalled.
• A permanent injunction is issued against the defendants.
• The defendants are ordered to restore the Takaye/Musoloni Registry Map.
• The defendants are ordered to pay the plaintiffs' costs.

Remedies

• Restoration of the land to its original state
• Cancellation of the defendants' title
• Permanent injunction
• Restoration of the Takaye/Musoloni Registry Map
• Payment of costs

Authorities cited