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Sarah Jelangat Siele v. Attorney General,Remo Lenzi,Seven Islands Watamu Limited & Postal Corporation of Kenya

(2018) JELR 94963 (CA)

Court of Appeal  •  Civil Appeal 67 of 2016  •  8 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. By a Grant number CR. 20405 a leasehold interest over Plot No. 103 Watamu (the plot) was registered under the Registration of Titles Act (RTA (repealed)) in favour of Dr. Sarah Jelangat Siele (the appellant) for a period of 99 years from 1st May, 1989. It seems that the appellant neither resided nor developed that plot. However, she charged it as security for a loan facility advanced by Transnational Finance Limited which charge was discharged on 25th July, 2001. Sometime in April 2005 she noticed that a perimeter fence which was erected around a neighbouring parcel had also enclosed her plot. Upon inquiring from the area chief she was informed that that area had been redrawn for a settlement scheme.

2. Apparently on 17th March, 2003 the Chief Land Registrar had directed the Kilifi District Land Registrar to issue a title under the Registered Land Act (RLA (repealed)) being Kilifi/Jimba/1125 (suit property) to Seven Island Watamu Limited (the 3rd respondent) wit…

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