[2017] KEELC 793 (KLR)

[2017] KEELC 793 (KLR)

The court found that the plaintiff failed to prove fraud on the part of the defendants. The evidence demonstrated that the 1st defendant entered into negotiations with the plaintiff, resulting in a sale agreement for a portion of Plot No. 337 at an agreed price, with the plaintiff making amendments to the draft...

Source-derived case information.

Citation
[2017] KEELC 793 (KLR)
Parties
Plaintiff: Joyce Wangechi Kiboi; Defendant: Jecinta Muthoni Mburu; Defendant: Johnson M. Kuria
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 547 of 2002
Procedural Posture
Land and Property Suit / Judgment
Outcome
Plaintiff's suit dismissed; 1st defendant's counter-claim allowed.
Legal Topics
Fraudulent Transfer, Land Title Registration, Sale of Land, Land Control Board Consent
Source Language
en
Land and Property Fraudulent Transfer Land Title Registration Sale of Land Land Control Board Consent

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Parties

Joyce Wangechi Kiboi

Plaintiff

Jecinta Muthoni Mburu

Defendant

Johnson M. Kuria

Defendant

Procedural Posture

Land and Property Suit / Judgment

  1. 1 Whether the 1st defendant acquired the parcel of land known as Title No. Kiambu Municipality/Block 5 (Kiamumbi)/2181 from the plaintiff fraudulently.
  2. 2 Whether the defendants trespassed onto the plaintiff's parcel of land known as Title No. Kiambu Municipality/Block 5 (Kiamumbi)/337 and caused loss and damage.
  3. 3 Whether the plaintiff is entitled to the reliefs sought in her amended plaint.

Ratio Decidendi

The court found that the plaintiff failed to prove fraud on the part of the defendants. The evidence demonstrated that the 1st defendant entered into negotiations with the plaintiff, resulting in a sale agreement for a portion of Plot No. 337 at an agreed price, with the plaintiff making amendments to the draft agreement and providing her bank account details for payment. The Land Control Board consents were obtained, and the subdivision and transfer were executed with the plaintiff's participation. Forensic evidence confirmed the plaintiff's signatures on the relevant documents. The court held that the 1st defendant lawfully acquired Plot No. 2181, and there was no evidence of trespass...

Court Disposition

Plaintiff's suit dismissed; 1st defendant's counter-claim allowed.

Orders

  • Declaration that the 1st defendant acquired Kiambu Municipality/Block 5 (Kiamumbi)/2181 lawfully.
  • Mandatory injunction directing the plaintiff to deliver the original title deed for Kiambu Municipality/Block 5 (Kiamumbi)/2181 to the 1st defendant within 14 days, failing which the 1st defendant may apply for a duplicate title deed.