BENSON MAINA KABAU v JOSEPH WANJOHI NJAU [2011] KEHC 624 (KLR)
- Court
- High Court of Kenya
- Case number
- 624
- Citation
- [2011] KEHC 624 (KLR)
- Decided
- 19 October 2011
The Appellant’s appeal succeeds with costs. The judgment of the lower court is set aside. The suit is dismissed with costs and the counterclaim is allowed with costs. The register in respect of the suit property is rectified by canceling the name of the Respondent as proprietor and replacing it with the name of the Appellant as the proprietor.
Facts
The Respondent filed a plaint claiming that the Appellant was unlawfully occupying land parcel Mwerua/Kanyokora/1206. The Appellant counterclaimed that he had bought the land and obtained the consent of the Land Control Board.
Issues
- Jurisdiction of the trial court to grant eviction orders
- Validity of the registration of the suit property
- Fraudulent registration and consent
Reasoning
The court found that the registration of the suit property was fraudulent due to the lack of consent from the Land Control Board and the alleged fraudulent purchase and subsequent registration of the property in the Respondent's name.
Outcome
Appeal successful
Orders
- Judgment dismissing the Respondent's suit with costs
- Judgment allowing the counterclaim of the Appellant with costs
- Rectification of the register in respect of the suit property by canceling the name of the Respondent as proprietor and replacing it with the name of the Appellant as the proprietor
Remedies
- Costs awarded to the Appellant
Authorities cited
Legislation (2)
- Registered Land Act (Cap.300)
- Land Control Act (Cap.302)
Cases cited (3)
- PETERS -V- SUNDAY POST LIMITED [1958] EA 424
- KARURI -V- GITURU [1981] KLR 247
- REPUBLIC -V- KAJIADO DISPUTES TRIBUNAL AND OTHERS exparte JOYCE WAMBUI AND ANOTHER H.C. MISC. CIVIL APPLICATION NO.689 OF 2001 AT NAIROBI
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