Vijay Morjaria v Nansingh Madhusingh Darbar & another [2000] KECA 223 (KLR)
- Court
- Court of Appeal
- Case number
- 223
- Citation
- [2000] KECA 223 (KLR)
The appeal is allowed with costs. The learned Judge's orders are set aside.
Facts
The appellant, Vijay Morjaria, claimed fraud against the respondents, Nansingh Madhusingh Darbar and Hulashiba Nansingh Darbar. The respondents denied executing a charge or transfer of the suit property in favor of the appellant or anyone else. They also denied appearing before Mr. Kimatta, Advocate, who prepared the Assignment dated 22nd September, 1997. The Assignment was procured through trickery, according to the son of the first respondent.
Issues
- Whether the Re-amended plaint contained the necessary particulars of fraud
- Whether the learned Judge erred in ordering cancellation of title where fraud had not been pleaded
Reasoning
The Court found the Re-amended plaint defective on its face for failing to specifically plead fraud. The learned Judge's finding that the transaction was valid and above board was not sufficiently considered. The Court also noted the undervaluation of the suit property.
Outcome
Appeal allowed
Orders
- The learned Judge's orders are set aside
Remedies
- Allowance of the appeal with costs
Loading judgment…