Tulip Developments Ltd v Baya & 4 others (Environment & Land Case 222 of 2020) [2024] KEELC 4631 (KLR) (11 June 2024) (Judgment)

Summary at a glance

Facts

Tulip Developments Ltd claims to be the registered leasehold proprietor of land, but the 2nd Defendant fraudulently registered the land in their name. The Plainti seeks declarations, injunctions, and rectification of the land register.

Issues

• Whether this suit is res sub judice?
• Who is the legally registered owner of the suit property?
• What prayers can the court grant?

Reasoning

The court finds the suit not res sub judice and confirms Tulip Developments Ltd's ownership. It grants declarations, injunctions, and rectification of the land register.

Outcome

Tulip Developments Ltd is granted declarations, injunctions, and rectification of the land register.

Orders

• A declaration that the Defendants acquired no lawful or valid title or interest in the land.
• A declaration that Tulip Developments Ltd is the true and lawful registered leasehold proprietor of the land.
• A mandatory injunction for the Defendants to deliver up vacant possession of the land.
• A permanent injunction restraining the Defendants from dealing with the land.
• An order for the Land Registrar to rectify the land register.
• An order for the 2nd to 5th Defendants to surrender any title in their possession related to the land.

Remedies

• Declaration of ownership
• Injunctions for possession and rectification of land register
• Rectification of land register

Authorities cited