Trans-Nzoia Teachers Housing Cooperative Society Limited v Kenya Prisons Service & another (Environment & Land Case 153 of 2016) [2023] KEELC 20604 (KLR) (6 October 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 20604
- Citation
- [2023] KEELC 20604 (KLR)
- Decided
- 6 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramDR. IUR FRED NYAGAKA
Holding
The Plaintiffs' suit is dismissed. The Defendants are entitled to peaceful and quiet possession of Kitale Municipality Block 6/93.
Facts
The Plaintiffs claim that the Defendants, Kenya Prisons Service, have trespassed on land parcel number Kitale Municipality Block 6/93, which they claim is part of their housing cooperative. The Defendants counterclaim that the land is part of a gazetted prison land and that the Plaintiffs' acquisition of the land was unlawful.
Issues
- Whether the Plaintiffs have locus standi to institute the suit.
- Whether the Plaintiffs have proved that their title is lawful.
- Whether the suit is statute barred.
- Whether Kitale Municipality Block 6/93 is part of gazetted prison land.
- Whether Kitale Municipality Block 6/93 was acquired illegally, unlawfully, and fraudulently.
- Whether the Defendants' counter-claim has merit.
- Who bears the costs of the suit.
Reasoning
The court found that the Plaintiffs did not have locus standi and that the Defendants' counter-claim had merit.
Outcome
Appeal upheld, Plaintiffs' suit dismissed.
Orders
- The Plaintiffs' suit is dismissed.
- A declaration that Kitale Municipality Block 6/93 or any other title in the Plaintiffs' name arising from the prison land was unlawfully, irregularly and fraudulently hived out and or excised from a gazetted prison land.
- A declaration that the Plaintiffs' acquisition of Kitale Municipality 6/93 is unlawful and fraudulent and the Plaintiffs' title documents are null and void ab initio.
- An order cancelling title and all entries made in the register of Kitale Municipality Block 6/93.
- An order restraining the Plaintiffs from ever laying claim to, interfering with or in any other manner dealing with Kitale Municipality Block 6/93.
Remedies
- Peaceful and quiet possession of Kitale Municipality Block 6/93 by the Defendants.
- Cancellation of title and all entries made in the register of Kitale Municipality Block 6/93.
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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