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GAZETTE NOTICE NO. 15777
GAZETTE NOTICE NO. 15777
THE LAND REGISTRATION ACT
(No. 3 of 2012)
REGISTRATION
PURSUANT to the Judgment and Decree of the Environmental
and Land Court at Milimani ELC. 428 of 2007.
Pritibala Milan Shah as the personal representative of the estate of
Kantibhai M. Patel—(Plaintiff)
-VERSUS-
The Attorney-General—(First Defendant)
Valley View Enterprises Limited—(Second Defendant)
AND
Prime Bank Limited—(Interested Party)
THE HONORABLE COURT MADE THE FOLLOWING ORDERS
1. THAT a declaration be and is hereby made to the effect that the
Plaintiff was lawfully allotted the proposed extension to L.R No.
209/8762/2 at the foot of the letter of allotment dated the 5th June,
1995.
2. THAT a declaration be and is hereby made to the effect that the
plot which was allocated to and in favour of the Plaintiff at the foot of
the letter of allotment dated the 5th June, 1995 is the same as the plot
which was subsequently allocated to the 2nd Defendant culminating to
the issuance of the Certificate of Title in respect of L.R. No.
209/12909.
3. THAT a declaration be and is hereby made that the Defendants
subsequent allotment and issuance of grant number I.R No. 67995/1,
L.R No. 209/12909 and consequent deprivation of the Plaintiff of the
land was fraudulent, erroneous and a nullity.
4. THAT the Certificate of Title in respect of I.R No. 67995/1,
L.R No. 209/12909 be and is hereby revoked, cancelled and/or
nullified.
5. THAT the Deed Plan number 201875 underpinning the
Certificate of Title in respect of L.R No. 209/12909 be and is hereby
revoked, cancelled and/or nullified.
6. THAT the Chief Land Registrar be and is hereby ordered and
directed to recall the Certificate of Title and in particular I.R No.
67995/1, L.R No. 209/12909 for cancellation.
7. THAT furthermore, the cancellation of Certificate of Title I.R
No. 67995/I, L.R No. 209/12909 shall be gazetted by the Chief Land
Registrar in the Kenya Gazette albeit at the expense of the Plaintiff
herein.
8. THAT the Charge registered by the Interested Party over and in
respect of I.R No. 67995/1, L.R. No. 209/12909 be and is hereby
nullified.
9. THAT the Chief Land Registrar be and is hereby ordered to
process and issue the requisite Certificate of Title/Grant in respect of
the suit property in favour of the Plaintiff in compliance with the terms
of the letter of allotment dated 5th June, 1995 and whose terms were
duly complied with by the Plaintiff.
The Registrar of Titles will respect, comply and implement the
above orders.
Dated the 14th November, 2024.
P. M. NG’ANG’A,
MR/6475182 Registrar of Titles.
Dated the 5th June, 2024.
Extracted Entities (1)
previous_gazette_ref
15777
Details
- Act / Legislation
- THE LAND REGISTRATION ACT
- Reference
- No. 3 of 2012
- Date Signed
- 5th June 2024
- Page
- 28
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 206
Published 2nd February 2024