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Megvel Cartons Limited v. Diesel Care Limited,Registrar of Titles & Commissioner of Lands

(2018) JELR 99157 (CA)

Court of Appeal  •  Civil Application 64 of 2018 (UR 56/2018) & 65 of 2018 (UR 57/2018) (Consolidated)  •  20 Apr 2018  •  Kenya

Coram
James Otieno Odek, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 26th January 2018, the Environment and Land Court at Machakos, (Angote, J.) delivered judgment in Environment and Land Court Case No. 166 of 2011 and declared null and void a grant held by the applicant, Megvel Cartons Ltd, over the parcel of Land Known as LR. No. 25064 (I.R. 85088). The learned judge further issued a permanent injunction restraining the applicant, the Registrar of Titles (2nd respondent) and the Commissioner of Lands (3rd respondent) from remaining upon, selling, allocating, or interfering with the 1st respondent’s (Diesel Care Ltd) quiet and peaceful possession or ownership of the parcel of land known as 1504/11 (I.R. 85400). Lastly he ordered the applicant to pay costs of the suit to the 1st respondent. It is common ground that LR No 1504/11 and LR No. 25064 refer to one and the same parcel, the point of departure being which of the two titles is valid and which one is not.

The applicant was aggrieved by the judgment and on 29th January 2018 lo…

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