Penmain Company Limited v Likoni Community Development & 6 others [2021] KEHC 3560 (KLR)
- Court
- High Court of Kenya
- Case number
- 3560
- Citation
- [2021] KEHC 3560 (KLR)
- Decided
- 30 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramJUSTICE MUNYAO SILA
Holding
The plaintiff is the absolute proprietor of the suit land and is entitled to proprietary rights over the same.
Facts
The plaintiff, Penmain Company Limited, filed a suit against Likoni Community Development and six others claiming ownership of a plot of land and seeking a permanent injunction to prevent defendants from interfering with the land. The defendants did not file any defence and did not appear at the hearing.
Issues
- Ownership of the suit land
- Right to access the beach
Reasoning
The plaintiff provided evidence of ownership and a map showing no access road through the land. The court found the defendants' claim of access to be unfounded.
Outcome
Judgment entered for the plaintiff
Orders
- A permanent injunction restraining the defendants from interfering with the suit land
- A declaration that the plaintiff is the rightful and registered owner of the suit land
- Costs and interest
Remedies
- Permanent injunction
- Declaration of ownership
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (3)
- Section 24 of the Land Registration Act, 2012
- Section 25 of the Land Registration Act, 2012
- Section 26 of the Land Registration Act, 2012
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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