Ocean Sparkles Limited v Wokabi (Environment & Land Case 10 of 2022) [2023] KEELC 17874 (KLR) (25 May 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 17874
- Citation
- [2023] KEELC 17874 (KLR)
- Decided
- 25 May 2023
Summary at a glance
TypeOwnership DisputePostureAppeal from the Environment and Land Court (ELC) at NyeriCoramK. BOR, J
The court finds that the defendant's claim is superior and grants the defendant's counterclaim for revocation of the plaintiff's registration and rectification of the register.
Facts
Ocean Sparkles Limited claimed ownership of a parcel of land known as Nanyuki Municipality Block 12/124, alleging it purchased the land from John Mugo Njeru. The defendant, Julius Wokabi, claimed he had a prior lease and sale agreement, and disputed the ownership.
Issues
- Ownership of Nanyuki Municipality Block 12/124
- Validity of the amalgamation of parcels 12/124 and 12/181
Reasoning
The court determined that the defendant's title was first in time and traced back to May 6, 1999, when the land was allocated to Agatha Namalwa. The plaintiff's claim was dismissed, and the defendant was awarded damages and costs.
Outcome
The plaintiff's claim is dismissed with costs, and the defendant is awarded general damages for trespass and costs of the counterclaim.
Orders
- To rectify the boundary of the suit land and cancel parcel number 195
- To give parcel number 124 a new number in accordance with the Land Registration Act
Remedies
- General damages of Kshs 500,000/= for trespass
- Award of costs of the counterclaim
Authorities cited
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