[2021] KEELC 1617 (KLR)

[2021] KEELC 1617 (KLR)

The court found that although the Plaintiff was the registered proprietor of the suit property, the Defendant established that the property was originally owned by Nairobi Teachers Housing Co-operative Society Limited, of which the Defendant was a member and to whom the property was allocated. The Plaintiff failed...

Source-derived case information.

Citation
[2021] KEELC 1617 (KLR)
Parties
Plaintiff: Annah Agnes Nduta; Defendant: Jeniffer Ogambla
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 1476 of 2016
Procedural Posture
Land and Property Suit / Judgment
Outcome
Plaintiff's suit dismissed; judgment entered for Defendant on counter-claim; Plaintiff's title cancelled; register to be rectified; property to revert to Sacco for processing of Defendant's title; Defendant awarded costs.
Legal Topics
Land Title Registration, Fraudulent Transfer, Rectification of Register, Trespass, Burden of Proof
Source Language
en
Land and Property Civil Procedure Land Title Registration Fraudulent Transfer Rectification of Register Trespass Burden of Proof

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Summary, issues, holding and outcome

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Parties

Annah Agnes Nduta

Plaintiff

Jeniffer Ogambla

Defendant

Procedural Posture

Land and Property Suit / Judgment

  1. 1 Who is the lawful owner of Land Parcel No. NAIROBI/BLOCK 126/877 as between the Plaintiff and Defendant?
  2. 2 Whether the Plaintiff is entitled to injunctive reliefs and costs as sought in the plaint.
  3. 3 Whether the Defendant is entitled to the reliefs sought in her counter-claim, including cancellation of the Plaintiff's title and registration of the suit property in her favour.

Ratio Decidendi

The court found that although the Plaintiff was the registered proprietor of the suit property, the Defendant established that the property was originally owned by Nairobi Teachers Housing Co-operative Society Limited, of which the Defendant was a member and to whom the property was allocated. The Plaintiff failed to demonstrate a legitimate root of title, as she did not produce a sale agreement, transfer instrument, or evidence of payment for the suit property, and the lease she relied on was issued before the property came into existence through subdivision. The court held that the Plaintiff's title was acquired illegally and fraudulently, and thus was null and void. The Defendant was...

Court Disposition

Plaintiff's suit dismissed; judgment entered for Defendant on counter-claim; Plaintiff's title cancelled; register to be rectified; property to revert to Sacco for processing of Defendant's title; Defendant awarded costs.

Orders

  • The Plaintiff’s suit is dismissed.
  • It is declared that the Defendant is the lawful beneficial owner of Nairobi/Block126/877.