MARIAKANI HOLDINGS LIMITED & another v PURSHOTTAM GOVIND PARMAR & another [2008] KEHC 2288 (KLR)
- Court
- High Court of Kenya
- Case number
- 2288
- Citation
- [2008] KEHC 2288 (KLR)
- Decided
- 26 June 2008
The High Court of Kenya at Mombasa declared that the plaintiffs are the owners and occupiers of the land parcels and ordered the Registrar of Titles to register the land in the plaintiffs' names.
Facts
The plaintiffs, Mariakani Holdings Limited and Amritlal Virji Shah, claimed ownership of two parcels of land (LR No. LND/KAL/29/2005 and LR No. LND/KAL/30/2005) in Mariakani, Mombasa. The defendants, Purshottam Govind Parmar and Somchand Mulji Shah, were not parties to the suit. The plaintiffs alleged that they purchased the land in four parts and had it set apart by the County Council of Mariakani and the Land Control Board. The plaintiffs also claimed that the defendants had trespassed on their land.
Issues
- Ownership of the land parcels
- Defendants' trespass
Reasoning
The plaintiffs provided evidence of their purchase and setting apart of the land parcels, and the court found that the defendants had trespassed on the plaintiffs' land.
Outcome
Judgment in favor of the plaintiffs
Orders
- Registrar of Titles to register the land parcels in the plaintiffs' names
Remedies
- Declaration of ownership
- Registration of land
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