John K. Malembi v Trufosa Cheredi Mudembei & 2 others [2019] KECA 126 (KLR)
- Court
- Court of Appeal
- Case number
- 126
- Citation
- [2019] KECA 126 (KLR)
- Decided
- 28 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at EldoretCoramAzangalala, Ibrahim, Kanyi Kimondo, Kimondo, William, Nyarandi, OTIENO-ODEK, The
Holding
The instrument of transfer dated 13th July 1982 is null and void, and the appellant acquired no interest or title to the property.
Facts
The deceased William Mudembei was the allottee by the Settlement Funds Trustees of Land Parcel No. Kakamega/Mabusi/14. He took a loan from the SFT and sold his interest to Charles O. Machungo. The appellant, John K. Malembi, claimed to have bought the property from the Settlement Fund Trustees.
Issues
- When and from whom the appellant acquired title to the property
- Validity of the instrument of transfer dated 13th July 1982
Reasoning
The judge found the instrument of transfer to be null and void because it was signed by a deceased person, and no such person appeared before the witness. The judge also found that the appellant acquired no interest or title to the property.
Outcome
Affirmed
Authorities cited
Cases cited (2)
- Selle -vs- Associated Motor Boat Co. [1968] EA 123
- Fahiye & 2 others –v- Omar & 4 others, [201] 2KLR, 224 at 227
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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