Wanjohi & another v Nyambura & 5 others (Environment & Land Case 641 of 2017) [2024] KEELC 6927 (KLR) (17 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6927
- Citation
- [2024] KEELC 6927 (KLR)
- Decided
- 17 October 2024
The court finds the plaintiffs are the lawful owners of the suit land and dismisses the 1st defendant's counterclaim with costs.
Facts
The plaintiffs Isaac Gathungu Wanjohi and Isaiah Karindi Wambugu Mutonyi are joint registered owners of a 100-acre land known as LR Kajiado/Kisaju/1177. They purchased the land from Meriabie Ole Isina Katopi in September 1991 and built a commercial building on it. The defendants include the 1st defendant, the Chief Land Registrar, and other individuals who have disputed ownership and the validity of the title deed.
Issues
- Ownership of the suit land
- Validity of the title deed
- Trespass by the 1st defendant
- Damages for trespass
- Costs of the suit
Reasoning
The court finds the plaintiffs are the lawful owners of the suit land based on the evidence of purchase and construction. The defendants' claims are not supported by evidence.
Outcome
Judgment for the plaintiffs on all claims except the 1st defendant's counterclaim.
Orders
- An order that the 2nd defendant do cancel all records relating to the suit land which do not show the plaintiffs as the proprietors.
- A mandatory injunction requiring the 2nd defendant to restore at the Kajiado Land Registry the true records in respect of the suit land.
- A declaration that the 1st, 3rd and 4th defendants have committed the tort of trespass to the suit land.
- General damages for trespass.
- The costs of the suit.
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