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Raghwani & 2 others v Kerai (Legal Representative of the Estate of Kanji Mavji Kerai) (Environment & Land Case E042 of 2021) [2023] KEELC 623 (KLR) (9 February 2023) (Judgment)

[2023] KEELC 623 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
623
Citation
[2023] KEELC 623 (KLR)
Decided
9 February 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trialCoramE.K. WABWOTO
Holding

The Court ordered the valuation of the land and the sale of one quarter of the undivided share to the Applicants, with costs to be paid from the accumulated rentals and the Respondent to execute the transfer documents.

Facts

The Applicants sought a valuation of a piece of land and a sale of one quarter of the undivided share held by the Respondent's estate, with costs to be paid from the accumulated rentals and the Respondent to execute transfer documents.

Issues

  1. Valuation of the land
  2. Sale of the land
  3. Costs allocation
  4. Execution of transfer documents

Reasoning

The Court found that the Applicants' claims were valid and granted the relief sought.

Outcome

Granted

Orders

  • Valuation of the land
  • Sale of one quarter of the undivided share to the Applicants
  • Costs to be paid from the accumulated rentals
  • Execution of transfer documents by the Respondent

Remedies

  • Valuation of the land
  • Sale of one quarter of the undivided share to the Applicants
  • Costs to be paid from the accumulated rentals
  • Execution of transfer documents by the Respondent

Authorities cited

Legislation (3)
  • Civil Procedure Rules
  • Land Act of 2012
  • Civil Procedure Act
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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