Pegi Company Limited v Wangui & 3 others (Environment & Land Case E017 of 2023) [2025] KEELC 251 (KLR) (29 January 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 251
- Citation
- [2025] KEELC 251 (KLR)
- Decided
- 29 January 2025
The court declared the plaintiff as the duly registered proprietor of the suit property and ordered the cancellation of the illegal and fraudulent title to the plaintiff's title identified as CR. 75754. The court also issued a permanent injunction restraining the defendants from interfering with the plaintiff's rights of ownership, possession, occupation, or use of the suit property.
Facts
The plaintiff, Pegi Company Limited, claims to be the registered owner of a parcel of land known as Portion Number 6833-Malindi of Title Number CR. 34274. The plaintiff alleges that the defendants, George Githaiga Wangui, Amos Muthia Waweru, and Samuel Wachira Mugo, obtained an illegal and fraudulent title to a portion of the suit property (CR 75754) and interfered with the plaintiff's possession and ownership rights.
Issues
- Whether the plaintiff established ownership over the parcel property identified as Portion Number 6833-Malindi of Title Number CR. 34274.
- Whether the plaintiff is entitled to the orders sought in the plaint.
- Who should bear the costs of the suit.
Reasoning
The plaintiff's case was uncontroverted, and the court found that the subsequent registration of the suit property to the 3rd defendant was unprocedural, unlawful, and fraudulent.
Outcome
In favor of the plaintiff
Orders
- A Declaration that the plaintiff is the duly registered proprietor of the suit property.
- An order directing the Chief Land Registrar of Titles at Mombasa to expunge, cancel, or revoke the illegal and/or fraudulent, and parallel title to the plaintiff's title identified as CR. 75754.
- An order for a permanent injunction restraining the defendants from interfering with the plaintiff's rights of ownership, possession, occupation, or use of the suit property.
- An order directing that the officer commanding station and the officer commanding police division, Malindi Police Station, ensure compliance with the abovementioned orders.
Remedies
- General Damages for trespass - declined - not prosecuted and proved.
- No order as to costs since the claim was undefended.
Authorities cited
Legislation (1)
- Land Registration Act
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