Case Metadata |
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Case Number: | Elc 235 of 2015 |
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Parties: | Mr. James Ngowa, Mr. George Obudho & Mariam Shariff v Viable Properties Kenya Limited |
Date Delivered: | 15 Apr 2016 |
Case Class: | Civil |
Court: | Employment and Labour Relations Court at Mombasa |
Case Action: | Judgment |
Judge(s): | Oscar Amugo Angote |
Citation: | Mr. James Ngowa & 2 Others v Viable Properties Kenya Limited [2016] eKLR |
County: | Mombasa |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
ELC NO. 235 OF 2015 (OS)
IN THE MATTER OF: A CLAIM FOR ADVERSE POSSESSION
AND
IN THE MATTER OF: PLOT NO. 458/I/M.N [CR.16333)
=AND=
1. MR. JAMES NGOWA
2. MR. GEORGE OBUDHO
3. MARIAM SHARIFF [suing on behalf of members
of 458 Welfare Group].....................................................................................PLAINTIFFS
=VERSUS=
VIABLE PROPERTIES KENYA LIMITED....................................................DEFENDANT
J U D G M E N T
(a) Is the Defendant the registered proprietor of Plot No. 458 Section I/MN, [CR.16333]?
(b) Have the Plaintiffs been in possession since 2000 of the property known as Plot Nos. 458 Section I/M.N.[16333]?
(c) If so, has the said possession been quiet, continuous and adverse to the title of the Defendant?
(d) If so, should the Registrar of Titles, Coast Registration District be ordered to have the Plaintiffs [458 Welfare Group] be registered as the absolute proprietor of the property known as Plot No. 458 Section I [CR.16333] free from all other encumbrances?
(e) What orders as to costs?
(d) Are there any further or other reliefs the Court may deem just to grant?
(a) The Registrar of Titles, Coast Registration District be and is hereby directed to register “458 Welfare Group” or its officials as the absolute proprietors of plot number 458/I/MN (CR. NO. 16333) free from all other encumbrances.
(b) The Plaintiffs to being their own costs.
Dated and signed in Malindi this 12th day of April, 2016.
O. A. Angote
Judge
Dated, signed and delivered in Mombasa this 15th day of April, 2016.
A. Omollo
Judge