[2016] KEELC 918 (KLR)
The court found that the plaintiff, as administratrix of the deceased's estate, had proved on a balance of probabilities that her late husband lawfully acquired the suitland and that the shares were properly transferred to him. The first defendant, having been entrusted to care for the land, took advantage of his...
Source-derived case information.
- Citation
- [2016] KEELC 918 (KLR)
- Parties
- Plaintiff: Veronica Aore Were; Defendant: Joseph Ondiek Keno; Defendant: Trans-Nzoia Investment Company
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2015
- Procedural Posture
- Land Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- EO Obaga
- Legal Topics
- Eviction Orders, Share Transfer Disputes, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Aore Were
Plaintiff
Joseph Ondiek Keno
Defendant
Trans-Nzoia Investment Company
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the first defendant unlawfully occupied Plot No. 1110 at Namanjalala farm belonging to the deceased's estate.
- 2 Whether the shares of the deceased in the second defendant company were fraudulently transferred to the first defendant.
- 3 Whether the plaintiff, as administratrix, is entitled to re-transfer of the deceased's shares and eviction of the first defendant.
Ratio Decidendi
The court found that the plaintiff, as administratrix of the deceased's estate, had proved on a balance of probabilities that her late husband lawfully acquired the suitland and that the shares were properly transferred to him. The first defendant, having been entrusted to care for the land, took advantage of his position after the deceased's death to fraudulently acquire the shares and refuse to vacate the property. The defendants failed to contest the plaintiff's evidence or provide any defence. The court held that the plaintiff was entitled to an eviction order against the first defendant, a permanent injunction restraining him from interfering with the suitland, and an order for the...
Court Disposition
judgment for the plaintiff
Orders
- An order of eviction against the first defendant from Plot No. 1110 at Namanjalala farm.
- A permanent injunction restraining the first defendant or anyone claiming through him from interfering with the suitland after eviction.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 29 OF 2015
VERONICA AORE WERE …..........................................PLAINTIFF
VERSUS
JOSEPH ONDIEK KENO ..................................1ST DEFEDNANT
TRANS-NZOIA INVESTMENT COMPANY ....2ND DEFENDANT
J U D G E M E N T
INTRODUCTION
The Plaintiff is the administratrix of the estate of the late Paul Okumu Odowawho was her husband. The first Defendant is a brother-in-law to the Plaintiff. The second Defendant is a Limited Liability Company which was engaged in the business of land buying and distribution of the same to its shareholders.
The Plaintiff filed a suit against the Defendants seeking the following reliefs:-
(a) An eviction order against the first Defendant from Plot No. 1110 at Namanjalala farm.
(b) A permanent injunction restraining the first Defendant and anybody claiming through him from interfering with Plot No. 1110 at Namanjalala farm.
(c) Re- transfer of shares of Raphael Paul Okumu Odowa (deceased) to herself.
( d) Costs of the suit.
The Defendants who were duly served with summons to enter appearance and file defence neither entered appearance nor filed defence. The case therefore proceeded by way of formal proof.
PLAINTIFF'S CASE
The Plaintiff testified that her late husband (deceased) purchased three acres (suitland) from one Gerestina Masitsa who was a shareholder with the second Defendant (the company). The Company transferred the shares into the name of the deceased. The deceased then invited the first Defendant who was married to his wife's sister and asked him to take care of the suitland on his behalf.
When the deceased passed on in 1999, the Plaintiff started the process of having the deceased's shares transferred to her. She later discovered that the Company had transferred the deceased's shares to the first Defendant. The first Defendant refused to move out of the suitland prompting her to file this suit.
ANALYSIS OF EVIDENCE
The plaintiff is the administratrix of the estate of the deceased. She produced grant of letters ad litem [Exhibit 1]. She also produced a copy of share certificate by the Company to Gerestina Masitsa [ Exhibit 2]. She also produced a copy of transfer of land duly signed by the officials of the Company [ Exhibit 3].
The Plaintiff's evidence is not controverted. She has demonstrated that Gerestina Masitsawas a shareholder with the company. This is the person who sold the suitland to the deceased. The deceased then invited the first Defendant to take care of the suitland on his behalf. The first Defendant may have used the advantage of being on the ground to defraud the deceased's shares upon his demise.
DECISION
I find that the Plaintiff has proved her case against the Defendants on a balance of probabilities. I grant the following reliefs:_
(a) An order of eviction against the first Defendant from Plot No. 1110 at Namanjalala farm.
(b) A permanent injunction restraining the first Defendant or anyone claiming through him from interfering with the suitland after he has been evicted.
(c) An oder that the second Defendant do re-transfer the deceased's shares to the administratrix of the estateof the deceased.
(d) The Defendants do jointly and severally meet the costs of this suit.
Dated, signed and delivered at Kitale on this 4th day of April 2016.
E. OBAGA
JUDGE
COURT: Judgement delivered at 2. 30 pm in the absence of
Plaintiff who was aware of date and time of judgement.
Court Assistant : Winnie
E. OBAGA
JUDGE
4/4/16