George Kamau Kimani & another v David Kili Sawe & another [2019] KECA 1027 (KLR)
- Court
- Court of Appeal
- Case number
- 1027
- Citation
- [2019] KECA 1027 (KLR)
Fraud was established, and the appellants' suit is allowed. The registration of the 2nd respondent as the proprietor of the suit property is declared null and void. The land is to be transferred to the appellants in their capacity as administrators of the deceased's estate within 60 days.
Facts
The appellants, George Kamau Kimani and James Muchori Kimani, as administrators of the estate of their late father Geoffrey Kimani Muchori, brought a suit against the respondents, David Kili Sawe and George Washington Moses Thuku, alleging fraud in the transfer of a 5-acre land parcel known as Waitaluk Kapkoi Block 4/Waitaluk/166 to the 2nd respondent.
Issues
- Whether the deceased had an agreement to purchase the land for the 2nd respondent
- Whether the respondents fraudulently caused the land to be transferred to the 2nd respondent
Reasoning
The court found that the deceased bought the land from the 1st respondent and paid for 4 acres, with the 1st appellant paying for the fifth acre. The respondents' evidence was not credible, and there was collusion to fraudulently register the land in the 2nd respondent's name.
Outcome
Appeal allowed
Orders
- Judgment in favor of the appellants
- Registration of the 2nd respondent as the proprietor of the suit property is declared null and void
- Land to be transferred to the appellants in their capacity as administrators of the deceased's estate within 60 days
- Land Registrar to cancel the registration and revert the title to the name of the 1st respondent
Remedies
- Transfer of the land to the appellants
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