TAWAI LIMITED V. ELDORET EXPRESS LIMITED & NATIONAL LAND COMMISSION

RULING OF THE COURT

In its judgment rendered at Eldoret on the 28^th day of November, 2019, this Court overturned the decision of the Environment and Land Court (Ombwayo, J), in which it had been declared that the registration and transfer of LR. NO. 5707/6 in favour of the respondent was illegal, ordered that the respondent’s title to the suit property be cancelled and the respondent be evicted from the suit property. In addition, it had been ordered that the respondent be restrained by an order of permanent injunction from trespassing on the suit property and to pay to the applicant Kshs.11,970,000 in mesne profits.

In setting aside these orders, the Court expressed its satisfaction with the evidence that the suit property was sold at a consideration of Kshs.7,100,000 to Kaitet by Kenya National Capital Corporation (KNCC), exercising its statutory power of sale under section 69(1) of the Indian Transfer of Property Act (repealed) by private treaty; that the transfer was duly registered…