KENYA BROADCASTING CORPORATION v MUNICIPAL COUNCIL OF MOMBASA & another [2012] KEHC 1783 (KLR)
- Court
- High Court of Kenya
- Case number
- 1783
- Citation
- [2012] KEHC 1783 (KLR)
- Decided
- 25 September 2012
The Plaintiff is entitled to the orders sought in the application, including an injunction allowing the use of part of the land as a transfer point for garbage.
Facts
The Plaintiff, Kenya Broadcasting Corporation, claimed ownership of a piece of land in Kisauni, Mombasa, based on a title granted in 1963. The Defendants, Municipal Council of Mombasa and Oldbay Limited, claimed the land was part of a subdivision and they had purchased it from the Plaintiff for Kshs. 18,000,000.00. The Plaintiff alleged it lost its original title and applied for a provisional certificate of title.
Issues
- Ownership of the land in Kisauni, Mombasa
- Validity of the Defendants' purchase and title
Reasoning
The court found the Plaintiff's claim based on the original title valid and the Defendants' purchase questionable due to lack of proper procedures.
Outcome
The Plaintiff's application is allowed with costs.
Orders
- An injunction allowing the use of part of the land as a transfer point for garbage
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