Igainya Ltd & 2 others v Githae & 5 others (Civil Appeal 655 of 2019) [2026] KECA 252 (KLR) (13 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 252
- Citation
- [2026] KECA 252 (KLR)
- Decided
- 13 February 2026
The appeal is dismissed as the title to the suit property cannot be said to have been a good title, and the doctrine of bona fide purchaser cannot cure an illegality at inception.
Facts
The appellants sought a mandatory injunction and mesne profits against the respondents over a property (suit property) along Ngong Road, Nairobi. The respondents denied the claim, arguing that the suit property was already handed over to them and that the purported sale was void.
Issues
- Validity of the purported sale of the suit property
- Applicability of the Local Government Act
- Good faith purchaser doctrine
Reasoning
The Court of Appeal found that the title to the suit property was not a good title due to the lack of evidence showing the necessary consent from the Minister for Local Government and the illegality of the purported sale. The Court also cited Funzi Island Development Limited & 2 Others vs. County Council of Kwale & 2 Others [2014] KECA 882 (KLR) and Pati Limited vs. Funzi Island Development Limited & 4 Others [2021] KESC 29 (KLR) to support its decision.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Local Government Act
Cases cited (2)
- Funzi Island Development Limited & 2 Others vs. County Council of Kwale & 2 Others [2014] KECA 882 (KLR)
- Pati Limited vs. Funzi Island Development Limited & 4 Others [2021] KESC 29 (KLR)
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