DHANJI JADRA RAMJI v COMMISSIONER OF PRISONS & ATTORNEY GENERAL [2011] KEHC 1200 (KLR)
- Court
- High Court of Kenya
- Case number
- 1200
- Citation
- [2011] KEHC 1200 (KLR)
- Decided
- 13 October 2011
The suit land was part of the land gazetted under Gazette Notice Number 371 of 1961 and was already alienated. The plaintiff's claim to ownership is dismissed, and the land should be delivered to the Prison Department.
Facts
The plaintiff, Dhanji Jadra Ramji, claimed ownership of a parcel of land that was also claimed by the Prisons Department. The land was initially allocated to the plaintiff in 1991 and later leased to him. The Prisons Department had erected structures on part of the land.
Issues
- Ownership of the suit land
- Eviction of the Prisons Department from the land
- Compensation for the plaintiff
Reasoning
The court found that the plaintiff's claim to ownership was invalid due to the illegal allotment of alienated land. The court ruled that the plaintiff is not the lawful owner of the land and that the land should be delivered to the Prison Department.
Outcome
The plaintiff's suit is dismissed with a direction that each party shall bear its own costs.
Orders
- The decree of eviction is set aside
- The land should be delivered to the Prison Department
Remedies
- Delivery of the land to the Prison Department
Authorities cited
Legislation (1)
- Government Lands Act
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