[2017] KEELC 460 (KLR)
The court found that the Plaintiff, as administrator of the estate of the late William Njoroge Kagia, had demonstrated a prima facie case against the 1st Defendant regarding the ownership of the Suit Property. The Plaintiff provided evidence that the property was still registered in the name of the deceased and that...
Source-derived case information.
- Citation
- [2017] KEELC 460 (KLR)
- Parties
- Plaintiff: Patrick Muiruri Njoroge (suing as Administrator of the Estate of William Njoroge Kagia (Deceased)); Defendant: John Kangethe Nduati; Defendant: Thika District Land Registrar (sued through The Hon. Attorney General)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 660 of 2016
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- interlocutory injunction granted in favour of the Plaintiff; costs awarded to the Plaintiff against the 1st Defendant
- Judges
- AK Bor
- Legal Topics
- Ownership Disputes, Fraudulent Transfer, Title Deeds, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muiruri Njoroge (suing as Administrator of the Estate of William Njoroge Kagia (Deceased))
Plaintiff
John Kangethe Nduati
Defendant
Thika District Land Registrar (sued through The Hon. Attorney General)
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the Plaintiff has established a prima facie case for grant of an interlocutory injunction.
- 2 Whether the transfer of the Suit Property to the 1st Defendant was fraudulent.
- 3 Whether the Plaintiff is entitled to injunctive relief restraining the 1st Defendant from interfering with the Suit Property.
Ratio Decidendi
The court found that the Plaintiff, as administrator of the estate of the late William Njoroge Kagia, had demonstrated a prima facie case against the 1st Defendant regarding the ownership of the Suit Property. The Plaintiff provided evidence that the property was still registered in the name of the deceased and that he had not executed any transfer to the 1st Defendant. The court noted the Plaintiff's assertion that the 2nd Defendant issued a title deed to the 1st Defendant under questionable circumstances, particularly given the absence of the original green card at the land office and the Plaintiff's continued possession of the original title deed. In the absence of any substantive...
Court Disposition
interlocutory injunction granted in favour of the Plaintiff; costs awarded to the Plaintiff against the 1st Defendant
Orders
- An interlocutory injunction is granted restraining the 1st Defendant from interfering with the Plaintiff’s quiet ownership of L.R. No. Thika Municipality/Block 24/2405 pending hearing and determination of the suit.
- Costs of the application are awarded to the Plaintiff to be borne by the 1st Defendant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. SUIT NO. 660 OF 2016
PATRICK MUIRURI NJOROGE (suing as Administrator
of the Estate of WILLIAM NJOROGE KAGIA (DECEASED)...........PLAINTIFF
VERSUS
JOHN KANGETHE NDUATI.........................................................1ST DEFENDANT
THIKA DISTRICT LAND REGISTRAR (sued through)
THE HON. ATTORNEY GENERAL............................................2ND DEFENDANT
RULING
The Plaintiff sued the Defendants in his capacity as the administrator of the estate of the late William Njoroge Kagia. He seeks a declaration that the Plaintiff is the proprietor of L.R. No. Thika Municipality/Block 24/2405 (“the Suit Property”) and a declaration that the title deed issued to the 1st Defendant by the 2nd Defendant is void. The Plaintiff filed the application dated 17/6/2016 seeking injunctive orders to restrain the 1st Defendant from interfering with the Plaintiff’s quiet ownership of the Suit Property pending hearing and determination of the suit.
The Plaintiff claims that the late Njoroge Kagia is still the registered proprietor of the Suit Property and that the Plaintiff has never transferred it to the Defendant who is a total stranger. He denies executing any transfer on behalf of the late Njoroge Kagia. He attached a copy of a title deed issued to Njoroge Kagia on 20/6/1995. He learnt about the transfer to the 1st Defendant on 9/4/2015 when he applied for an official search over the Suit Property. The Plaintiff claims that the 2nd Defendant proceeded to issue a title deed to the 1st Defendant fraudulently since the original green card was not available at the land’s office. The Plaintiff is still holding the title deed and was in the process of dividing the assets of the estate of the late Njoroge Kagia among his beneficiaries. This process cannot progress in light of the fact that the 1st Defendant now holds title over the Suit Property.
Despite both Defendants being served, only the 2nd Defendant entered appearance and filed a defence.
The court has considered the matter and finds that the Plaintiff has a prima facie case against the 1st Defnedant and grants the order for injunction as sought. The Plaintiff is awarded costs to be borne by the 1st Defendant.
Dated and delivered at Nairobi this 14th of December 2017.
K. BOR
JUDGE
In the presence of: -
No appearance for the Plaintiff and the Defendants
Mr. V. Owuor- Court Assistant