Mwanaisha Kiriale Mohamed & another v Alfred Wafua Okuku & 2 others [2021] KECA 1058 (KLR)
- Court
- Court of Appeal
- Case number
- 1058
- Citation
- [2021] KECA 1058 (KLR)
- Decided
- 29 January 2021
The appeal fails. There was insufficient evidence to sustain the appellants' suit for nullification of the title in favour of the 2nd and 3rd respondents on grounds of fraud. The 1st respondent's transfer of the properties to the 2nd and 3rd respondents is not null and void.
Facts
The appellants were the registered proprietors of properties until 2008. They charged the properties to Standard Chartered Bank to secure a loan from East Cape Enterprises Limited. The appellants approached the 1st respondent for assistance to redeem the properties from Standard Bank. The appellants and the 1st respondent entered into an arrangement where the 1st respondent would take a loan from Savings and Loan to redeem the charge in favour of Standard Bank. The appellants transferred the properties to the 1st respondent, who then transferred them to the 2nd and 3rd respondents.
Issues
- Whether the sale and transfer of properties by the 1st respondent to the 2nd and 3rd respondents is null and void due to fraud
- Whether the 2nd and 3rd respondents are innocent purchasers for value without notice of the appellants' interest
Reasoning
The appellants did not prove fraud on the part of the 1st respondent. The 2nd and 3rd respondents were not innocent purchasers for value without notice of the appellants' interest. There was no evidence to support the appellants' claim of fraud.
Outcome
Appeal dismissed with costs to the 2nd and 3rd respondents only.
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