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Rahil International Limited v Agbeko & another (Environment and Land Case E204 of 2021) [2026] KEELC 988 (KLR) (24 February 2026) (Judgment)

[2026] KEELC 988 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
988
Citation
[2026] KEELC 988 (KLR)
Decided
24 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePlaintiff vs. DefendantsCoramCA OCHIENG
Holding

The court finds Rahil International Limited to be the lawful owner of the suit land and grants the plaintiff's claims.

Facts

Rahil International Limited claims to be the lawful owner of IR 49556 LR No. 209/10801, Nairobi, which was fraudulently registered to Eric Agbeko. The plaintiff seeks a declaration of ownership, injunctions, and rectification of the land register.

Issues

  1. Who is the lawful owner of the suit land?
  2. Which title should be nullified?
  3. Is the plaintiff entitled to the sought orders?

Reasoning

The court rules in favor of the plaintiff based on the plaintiff's evidence of registration and payment of land rates, and the absence of evidence from the defendant to support his claim.

Outcome

In favor of the plaintiff

Orders

  • A declaration that Rahil International Limited is the lawful and bona fide owner of the parcel of land
  • A declaration that the title of the property is null and void
  • A permanent injunction against the 1st Defendant
  • A mandatory injunction compelling the 2nd Defendant to cancel and nullify the transfer and registration of the land
  • A mandatory injunction compelling the 2nd Defendant to correct and rectify the register

Remedies

  • Declaration of ownership
  • Injunctions
  • Rectification of the land register

Authorities cited

Legislation (2)
  • Land Registration Act
  • Registration of Titles Act
Cases cited (3)
  • Gichinga Kibutha v Caroline Nduku
  • Dina Management Limited v County Government of Mombasa
  • Munyu Maina v Hiram Gathiha Maina
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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