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Benja Properties Limited v. Syedna Mohammed Burhannudin Sahed ,Mohammed Fidaali Hebatullah , Huseesinbahal Ahemdali Hebatullah , Attorney General & Commissioner For Lands

(2015) JELR 105760 (CA)

Court of Appeal  •  Civil Appeal 79 of 2007  •  31 Jul 2015  •  Kenya

John Wycliffe Mwera, James Otieno Odek, Fatuma sichale



The issue in this appeal relates to legality of allotment and grant of alienated and privately registered land by the 5th respondent, Commissioner of Lands, to the appellant.

By various deeds of assignment the 1st respondent became the registered proprietor of LR No. 209/136/269 registered in 1911 as N64 428/1 20772 while the 2nd and 3rd respondents are registered proprietors of LR No. 209/136/239 registered in 1907 as N64 425/1 20769 (hereinafter referred to as the suit land or suit property).

3. The appellant company was granted and issued title to plot LR 209/12999 under Grant No. I.R. 72150 which plot overlaps and is part of the 1st, 2nd and 3rd respondents’ parcels of land. The appellant’s title and grant was issued on 3rd December 1996.

4. The 1st, 2nd and 3rd respondents filed suit against the appellant seeking a permanent injunction to restrain the appellant by its directors, servants, agents or otherwise from transferring, charging or dealing in any way with…

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