[2015] KEELC 327 (KLR)

[2015] KEELC 327 (KLR)

The court found that the 4th defendant, Joseph Kigo Mwangi, did not oppose the plaintiff's claim that the title to Njoro/Ngata Block 1/4688 was acquired by fraud and expressly indicated no objection to the title reverting to the plaintiff. In light of this concession and the unchallenged evidence of fraud, the court...

Source-derived case information.

Citation
[2015] KEELC 327 (KLR)
Parties
Plaintiff: Peter Victor Mwaura Kung'u; Defendant: Evangeline Wangeci; Defendant: Grace Wanjiru Mwai; Defendant: Lengo Limited; Defendant: Joseph Kigo Mwangi; Defendant: Franklin Kipyator; Defendant: Doris Nyambura Schabus
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Case Number
Environment & Land Case 263 of 2014
Procedural Posture
Land and Property Suit / Ruling on Merits
Outcome
Judgment entered for the plaintiff against the 4th defendant. Title to Njoro/Ngata Block 1/4688 to revert to the plaintiff. Registration of Joseph Kigo Mwangi as proprietor cancelled. No order as to costs against the 4th defendant.
Judges
MA Silau
Legal Topics
Fraudulent Title Registration, Cancellation of Title, Proprietorship Disputes
Source Language
en
Land and Property Fraudulent Title Registration Cancellation of Title Proprietorship Disputes

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Parties

Peter Victor Mwaura Kung'u

Plaintiff

Evangeline Wangeci

Defendant

Grace Wanjiru Mwai

Defendant

Lengo Limited

Defendant

Joseph Kigo Mwangi

Defendant

Franklin Kipyator

Defendant

Doris Nyambura Schabus

Defendant

Procedural Posture

Land and Property Suit / Ruling on Merits

Legal Issues

  1. 1 Whether the title to Njoro/Ngata Block 1/4688 was acquired by fraud by the 4th defendant.
  2. 2 Whether the plaintiff is entitled to reversion of the title and cancellation of the 4th defendant's registration.

Ratio Decidendi

The court found that the 4th defendant, Joseph Kigo Mwangi, did not oppose the plaintiff's claim that the title to Njoro/Ngata Block 1/4688 was acquired by fraud and expressly indicated no objection to the title reverting to the plaintiff. In light of this concession and the unchallenged evidence of fraud, the court held that the registration of the 4th defendant as proprietor should be cancelled and the title revert to the plaintiff. The court made no order as to costs against the 4th defendant.

Court Disposition

Judgment entered for the plaintiff against the 4th defendant. Title to Njoro/Ngata Block 1/4688 to revert to the plaintiff. Registration of Joseph Kigo Mwangi as proprietor cancelled. No order as to costs against the 4th defendant.

Orders

  • Title to land parcel Njoro/Ngata Block 1/4688 to revert to the plaintiff.
  • Registration of Joseph Kigo Mwangi as proprietor is cancelled.