Kanyike Ole Sadera & another v Raphael Lekishon Koikai [2012] KEHC 1807 (KLR)
- Court
- High Court of Kenya
- Case number
- 1807
- Citation
- [2012] KEHC 1807 (KLR)
- Decided
- 12 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramM.
Holding
The court will examine the evidence on the plaintiffs' claims and the defendant's defense.
Facts
The plaintiffs sought to have a title deed cancelled and the land registered in their names, and to prevent the defendant from developing the land. The defendant sought to develop the land and was restrained from doing so.
Issues
- whether the plaintiffs entered into an agreement for the land's disposition
- whether the plaintiffs executed consent forms for sub-dividing and selling the land
- whether the plaintiffs obtained consent from the Land Control Board, paid stamp duty, and executed transfer forms
- whether the defendant lawfully purchased the land
- whether the sale/purchase was tainted by fraud
- whether the court has original jurisdiction to determine fraud and criminality
- whether the plaintiffs are entitled to the orders sought together with costs
Reasoning
The court will consider the evidence to determine the plaintiffs' claims and the defendant's defense.
Outcome
The court will examine the evidence on the plaintiffs' claims and the defendant's defense.
Orders
- An order that the title deed in the parcel of land known as CIS- MARA/OLOLUNGA/12199 issued to the Defendant be cancelled and the Register be rectified to reflect the 1st Plaintiff's as the lawful registered owner.
- In the alternative, an order that the 2nd Plaintiff be registered as the owner of the said parcel of land known as CIS-MARA/OLOLUNGA/12199 and a title deed be issued in his favour.
- A permanent injunction restraining the Defendant from asserting any rights to the parcel of land herein.
- An order standing over the application to 17th September 2007 and maintaining the status quo (as of 25th May 2007).
Remedies
- Cancellation of the title deed and registration of the land in the plaintiffs' names.
- A permanent injunction restraining the defendant from developing the land.
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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