Patel & 2 others v Kenya Railways Corporation & another (Environment and Land Case Civil Suit 21 of 2023) [2024] KEELC 5155 (KLR) (11 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5155
- Citation
- [2024] KEELC 5155 (KLR)
- Decided
- 11 July 2024
The court finds the defendants in contempt of court for refusing to vacate the land and registering cautions against the plaintiffs' titles.
Facts
The plaintiffs claim to be the registered proprietors of land parcels in Kisumu, which were allocated to them by the Government of Kenya. The defendants, Kenya Railways Corporation and Midland Emporium, were in possession of the land and had registered cautions against the plaintiffs' titles.
Issues
- Ownership of the land parcels
- Eviction of the defendants from the land
- Removal of cautions registered against the plaintiffs' titles
Reasoning
The court rules that the plaintiffs are the registered proprietors of the land parcels and that the defendants are in contempt for refusing to vacate the land and registering cautions.
Outcome
The court orders the defendants to vacate the land and remove the cautions registered against the plaintiffs' titles.
Orders
- Substitution of Patel Jayshree Girishkumar Keshavlal as the 1st Plaintiff
- Order for eviction of the defendants from the suit properties
- Order to restrain the defendants from committing acts of contempt of court
Remedies
- Removal of cautions registered against the plaintiffs' titles
- Eviction of the defendants from the suit properties
Loading judgment…