MICAHEL HAMISI MWAYAYA WABUNGO & another v BIARUSI LIMITED & 3 others [2008] KEHC 3839 (KLR)
- Court
- High Court of Kenya
- Case number
- 3839
- Citation
- [2008] KEHC 3839 (KLR)
- Decided
- 10 July 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePostureAppeal from a High Court judgment, consolidated casesCoramM.A. Ang'awa
Holding
The court awards no damages for the plaintiff against defendant No.2, but awards damages of Ksh.1.3 million with interest to the 2nd defendant, to be paid by defendant No.1 and 3 the Commissioner of Lands and Kiso Enterprises from the date of this judgment; jointly and severally.
Facts
Kishore Lalsahni and Raghbir Singh Sain were allocated land parcel Nairobi block 91/192 and issued a lease under the Registered Land Act. The lease was registered on 18 December 1989.
Issues
- The Commissioner of Lands issued a subsequent title to Biarusi Limited in respect of Block/91/339, which interfered with the plaintiffs' interest in the land.
- Defendant No.3 sold the property to Defendant No.2 while a pending suit against it was ongoing, at its own peril.
Reasoning
The court found that the subsequent title issuance interfered with the plaintiffs' interest in the land, and that the defendant's sale of the property was at its own peril.
Outcome
Appeal dismissed, consolidated cases
Orders
- Award of damages of Ksh.1.3 million with interest to the 2nd defendant
- Award of costs to the plaintiff
Remedies
- Damages of Ksh.1.3 million with interest
- Costs awarded to the plaintiff
Authorities cited
Legislation (1)
- Registered Land Act Cap.300
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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