Westward Properties Limited v Chezer Investments Limited [2020] eKLR Case Summary

Court
Environment and Land Court at Nairobi
Category
Civil
Judge(s)
E.O. Obaga
Judgment Date
September 24, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Westward Properties Limited v Chezer Investments Limited [2020] eKLR, detailing key legal principles and implications for property law in Kenya.

Case Brief: Westward Properties Limited v Chezer Investments Limited [2020] eKLR

1. Case Information:
- Name of the Case: Westward Properties Limited v. Chezer Investments Limited
- Case Number: ELC NO. 20 OF 2017
- Court: Environment and Land Court at Milimani, Kenya
- Date Delivered: 24th September 2020
- Category of Law: Civil
- Judge(s): E.O. Obaga
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution in this case include:
- Was the acquisition of the disputed property by Jamachar Limited lawful?
- Has the Defendant acquired the suit property by way of adverse possession?
- Are the Plaintiff and Defendant entitled to the reliefs claimed in their respective suits?

3. Facts of the Case:
The dispute arises from the conversion of public land into private property during the 1990s in Nairobi. The property in question is located at a significant intersection and has been used by Chezer Investments Limited (the Defendant) as a parking lot for the Boulevard Hotel since 1972. The Defendant obtained a license from the Commissioner of Lands in 1976 to use the property, which is government land. In 1998, Enock Tuitoek claimed ownership of the disputed property, leading to a series of legal confrontations regarding the legitimacy of the title. Westward Properties Limited (the Plaintiff) claims to have acquired the property through a series of transactions involving Jamachar Limited and seeks to assert its title against the Defendant's longstanding occupancy.

4. Procedural History:
The Plaintiff initiated the suit on 14th August 2008, seeking various reliefs including a commission to investigate encroachment, a declaration of encroachment, rectification of boundaries, mesne profits, and costs. The Defendant filed a defense and counter-claim on 20th November 2008, later amended. Both parties withdrew their claims in 2012, citing the government’s compulsory acquisition of the property. However, the Plaintiff later sought to set aside the withdrawal, which was granted, leading to the revival of the claims.

5. Analysis:
- Rules: The court considered laws regarding land ownership, licenses, and adverse possession, particularly focusing on the legality of the title held by Jamachar Limited and the implications of government road reserves.
- Case Law: The court referenced the case of *Arthi Highway Developers Limited v. West End Butchery Limited & 6 Others (2015)eKLR*, which cautioned investors about the risks of purchasing land without thorough due diligence, emphasizing the importance of ensuring the legality of land titles.
- Application: The court found that the title held by Jamachar Limited was obtained illegally from land designated for public use, meaning the Plaintiff could not claim to be an innocent purchaser. The Defendant's claim of adverse possession was deemed insincere as it had consistently maintained its status as a licensee. Ultimately, the court ruled that neither party was entitled to the reliefs sought, dismissing both the Plaintiff's claim and the Defendant's counter-claim.

6. Conclusion:
The court ruled against both the Plaintiff and the Defendant, stating that neither had a valid claim to the disputed property due to the illegality of the acquisition and the lack of due diligence. The implications of this decision highlight the need for thorough verification of land titles and the risks associated with property transactions in areas with complex ownership histories.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The case of *Westward Properties Limited v. Chezer Investments Limited* underscores significant issues regarding land ownership and the legality of property titles in Kenya. The court's dismissal of both parties' claims serves as a cautionary tale for property investors regarding the importance of due diligence in verifying land ownership and the potential consequences of acquiring land that may be subject to public use or illegal allocation.

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