Waira (Suing as a done of power of attorney of Wilson Njau Waira) v Mburu & another (Environment & Land Case E076 of 2022) [2024] KEELC 13564 (KLR) (28 November 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13564
- Citation
- [2024] KEELC 13564 (KLR)
- Decided
- 28 November 2024
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramJG KEMEI
The Court finds that the Plaintiff has proven his case and is the rightful owner of the suit land.
Facts
Plaintiff Geoffrey Nganga Waira sues Ernest Maina Mburu and the Hon Attorney General for an injunction against trespassing, disposing, selling, and interfering with the suit land, and for the cancellation of fraudulent subdivisions.
Issues
- Whether the Plaintiff has proven his case
- Whether the Plaintiff is the registered proprietor of the suit land
Reasoning
The Court relies on the Plaintiff's unchallenged evidence of lawful acquisition of the land from Githunguri Constituency Ranching Company Limited in 2004, and the protections offered by the Land Registration Act.
Outcome
The Plaintiff's claim is allowed.
Orders
- An order of permanent injunction against the 1st Defendant
- Cancellation of fraudulent subdivisions and issuance of title in the Plaintiff's name
- No orders as to costs
Remedies
- Permanent injunction
- Cancellation of fraudulent subdivisions
- Issuance of title in the Plaintiff's name
Authorities cited
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