Shaiya v Board of Management, Umoja Primary School & 6 others (Environment & Land Case E018 of 2021) [2025] KEELC 3076 (KLR) (26 March 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3076
- Citation
- [2025] KEELC 3076 (KLR)
- Decided
- 26 March 2025
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramJM ONYANGO, Majanja, UMO, Warsame
The Court held that the suit property was alienated for private use in 1991, before the Defendant school came into existence in 1996, and thus is not available for allocation for private use.
Facts
The suit property, measuring 0.1056 hectares, is registered in the name of the Plaintiff, Mohamed Abdillaahi Shaiya. The Defendant, Umoja Primary School, constructed a perimeter wall enclosing the property within the school compound, preventing the Plaintiff from utilizing it.
Issues
- Whether the suit property is public land set aside for a public primary school and whether it was available for allocation for private use.
- Whether the Defendant has trespassed on the suit property.
- Whether the Plaintiff is entitled to the orders sought.
Reasoning
The Court considered the Land Registration Act, 2012, and the Government Lands Act, 1960, which allow for the allocation of government land for private use. The Court noted that the suit property was alienated in 1991, before the school was established, and thus is not available for allocation for private use.
Outcome
The Plaintiff's application for orders was dismissed.
Authorities cited
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