[2020] KEELC 2234 (KLR)

[2020] KEELC 2234 (KLR)

The court found that the plaintiff, as administrator of the estate of the late Wanjiru Kairu, had demonstrated entitlement to a ½ share of LR No. Nairobi/Block 116/205. The evidence showed that the original ownership certificate and correspondence from the housing society listed both Wanjiru Kairu and Nyambura Richu...

Source-derived case information.

Citation
[2020] KEELC 2234 (KLR)
Parties
Plaintiff: Milka Nyakio Kanyari; Defendant: Esther Nyambura Richu; Defendant: Peter Nyoro Kahiga
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
? 12 of 2010
Procedural Posture
Land Suit / Judgment
Outcome
Judgment for the plaintiff.
Judges
LC Komingoi
Legal Topics
Title Rectification, Fraudulent Transfer, Co Ownership Disputes, Succession and Administration, Indefeasibility of Title
Source Language
en
Land and Property Title Rectification Fraudulent Transfer Co Ownership Disputes Succession and Administration Indefeasibility of Title

Source-derived case record

Summary, issues, holding and outcome

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Parties

Milka Nyakio Kanyari

Plaintiff

Esther Nyambura Richu

Defendant

Peter Nyoro Kahiga

Defendant

Procedural Posture

Land Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff as administrator of the estate of Wanjiru Kairu is entitled to ½ share of LR No. Nairobi/Block 116/205.
  2. 2 Whether the registration of the 2nd defendant as owner of the suit property is absolute and indefeasible and not liable to be challenged.
  3. 3 Who should bear the costs of the suit?

Ratio Decidendi

The court found that the plaintiff, as administrator of the estate of the late Wanjiru Kairu, had demonstrated entitlement to a ½ share of LR No. Nairobi/Block 116/205. The evidence showed that the original ownership certificate and correspondence from the housing society listed both Wanjiru Kairu and Nyambura Richu as co-owners. The 1st defendant fraudulently procured an allotment letter in her sole name and sold the entire property to the 2nd defendant, disregarding the plaintiff's interest. The 2nd defendant failed to challenge the authenticity of the plaintiff's documents and admitted knowledge of the deceased's interest. The court held that the 2nd defendant's title was not...

Court Disposition

Judgment for the plaintiff.

Orders

  • A declaration is issued that the late Wanjiru Kairu is entitled to ½ share of LR No. Nairobi/Block 116/205.
  • An order is issued for cancellation of the register for LR No. Nairobi/Block 116/205 and rectification by the Commissioner of Land to reflect that the 2nd defendant is entitled to ½ share and the plaintiff to ½ share.