Push Enterprises Limited v Kenya Airports Authority (Environment & Land Case 721 of 2013) [2024] KEELC 449 (KLR) (25 January 2024) (Judgment)

Summary at a glance

Facts

Push Enterprises Limited sought to restrain Kenya Airports Authority from remaining upon, entering upon, trespassing upon, and interfering with the suit property, L.R No. 25799/1. The Plainti claimed lawful rights to the property based on a Letter of allotment dated July 14, 1998, and a Certificate of title issued on February 6, 2013.

Issues

• Whether the Plainti acquired lawful rights to and in respect of the suit property.
• Whether the Defendant trespassed onto and/or interfered with the Plainti's title to the suit property.
• Whether the counterclaim by the Defendant is invalid and should be struck out.
• What reliefs, if any, should be granted.

Reasoning

The court found that the Plainti failed to establish the claims in their suit and that the Defendant's counterclaim was not properly filed.

Outcome

Appeal dismissed

Orders

• The Plainti's suit is dismissed.
• The Defendant's counterclaim is struck out.
• The Plainti is ordered to surrender the original certificate of title for cancellation.
• The Plainti and the Defendant shall bear their own costs.
• The original certificate of title shall be surrendered within 60 days from the date of the judgment.
• The Chief Land Registrar shall still be at liberty to proceed with the cancellation/revocation of the certificate of title even if the Plainti defaults to surrendering it.

Remedies

• Revocation of the certificate of title
• Surrender of the original certificate of title for cancellation

Authorities cited