[2025] KEELC 3706 (KLR)

[2025] KEELC 3706 (KLR)

The court found that the Defendant lawfully acquired parcel Nakuru/Bahati/329 as a gift inter vivos from the deceased, evidenced by a deed of gift and proper registration. The Plaintiffs failed to prove fraud, misrepresentation, or undue influence in the transfer. The alleged will was executed after the properties...

Source-derived case information.

Citation
[2025] KEELC 3706 (KLR)
Parties
Plaintiff: Josephat Mwaura Thuo (deceased, by administrators Ann Waithera Gatiba and Duncan Kamau Mwangi); Defendant: Loise Wambui Kahenya
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Judgment Date
9 May 2025
Case Number
Environment & Land Case 160 of 2012
Procedural Posture
Environment and Land Case / Judgment
Outcome
plaintiff's suit dismissed
Judges
A Ombwayo
Legal Topics
Gift Inter Vivos, Land Registration, Succession Disputes, Fraudulent Transfer, Title Challenge
Source Language
english
Land and Property Gift Inter Vivos Land Registration Succession Disputes Fraudulent Transfer Title Challenge

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Summary, issues, holding and outcome

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Parties

Josephat Mwaura Thuo (deceased, by administrators Ann Waithera Gatiba and Duncan Kamau Mwangi)

Plaintiff

Loise Wambui Kahenya

Defendant

Procedural Posture

Environment and Land Case / Judgment

Legal Issues

  1. 1 Whether the Defendant lawfully acquired the suit properties Nakuru/Bahati/Settlement Scheme/217 and Nakuru/Bahati/329.
  2. 2 Whether the Plaintiff is entitled to cancellation of the Defendant's titles and orders of eviction and injunction.
  3. 3 Whether the transfer of the suit properties was procured by fraud, misrepresentation, or undue influence.

Ratio Decidendi

The court found that the Defendant lawfully acquired parcel Nakuru/Bahati/329 as a gift inter vivos from the deceased, evidenced by a deed of gift and proper registration. The Plaintiffs failed to prove fraud, misrepresentation, or undue influence in the transfer. The alleged will was executed after the properties had already been transferred and registered in the Defendant's name, and its validity was not established. For parcel Nakuru/Bahati/217, the court noted the absence of a deed of gift and the presence of consideration, which contradicted the Defendant's claim of a gift. However, the Plaintiffs did not provide sufficient evidence to support cancellation of the Defendant's title....

Court Disposition

plaintiff's suit dismissed

Orders

  • The suit is dismissed with no orders as to costs.
  • The Defendant remains the legally registered proprietor of Nakuru/Bahati/329 and Nakuru/Bahati/217.