Paulina C Maiyo v Sally C Korir & 2 others [2013] KEHC 3033 (KLR)
- Court
- High Court of Kenya
- Case number
- 3033
- Citation
- [2013] KEHC 3033 (KLR)
- Decided
- 12 July 2013
The court held that the plaintiff is the lawful and beneficial owner of the suit land and ordered the cancellation of the title issued to the 1st defendant and the reissuance of the title to the plaintiff.
Facts
The plaintiff, Paulina Maiyo, claims to be the lawful and beneficial owner of the suit land (Nakuru/Likia/815) which was registered in the name of the 1st defendant, Sally Korir, by the 2nd defendant, the District Land Registrar. The plaintiff alleges that she was allotted the land and had taken possession of it, while the 1st defendant claims to be the registered absolute owner of the land since 1997.
Issues
- Ownership of the suit land
- Validity of the registration of the suit land in the name of the 1st defendant
Reasoning
The court found that the plaintiff had a valid claim to the land based on her possession and development of the land, and the registration of the land in the name of the 1st defendant was invalid.
Outcome
The plaintiff's claim was upheld.
Orders
- Cancellation of the title issued to the 1st defendant and reissuance of the title to the plaintiff
- Permanent injunction restraining the 1st defendant from entering or trespassing on the suit land
Remedies
- Reissuance of the title to the plaintiff
- Permanent injunction
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