Gachogu & another v Safaricom Company Limited & 2 others (Civil Appeal E063 of 2023) [2026] KECA 306 (KLR) (20 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 306
- Citation
- [2026] KECA 306 (KLR)
- Decided
- 20 February 2026
The appeal is partially successful, with the cancellation of the title and rectification of the register in favor of the 1st Respondent upheld, while the orders for refund of rental income and corporate directives are set aside.
Facts
A company, Thathini Development Company Limited, filed a suit against David W. Gachogu and Anna Wambui Njuguna, registered proprietors of a parcel of land, seeking a declaration that the land belongs to the company, cancellation of the fraudulent transfer, and an injunction.
Issues
- Ownership of the land
- Rectification of the register
- Refund of rental income
Reasoning
The court found that the 1st Appellant irregularly and unlawfully procured the transfer of the land into their names, thus upholding the cancellation of the title and rectification of the register.
Outcome
The appeal is partially successful.
Orders
- Cancellation of the title and rectification of the register in favor of the 1st Respondent
Remedies
- None specified
Loading judgment…