C’est Bon Superior School Ltd v Ndirangu Alex, Gichuhi Karanja, Ndirangu Karanja & Commissioner of Lands [2014] KEELC 601 (KLR)
- Court
- Environment & Land Court
- Case number
- 601
- Citation
- [2014] KEELC 601 (KLR)
- Decided
- 18 July 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramNDIRANGU ALEX GICHUHI KARAN, NDIRANGU KARAN
Holding
The court restrains the 2nd Defendant from dealing with the suit land pending the hearing and determination of the suit.
Facts
The Plaintiff alleges that the suit land was fraudulently transferred from the Plaintiff's company to the 2nd Defendant by the 1st Defendant. The Plaintiff claims that the caution placed on the land by one of the directors was illegally and fraudulently removed.
Issues
- Fraudulent transfer of suit land
- Validity of consent from Land Control Board
- Authority of the plaintiff's company secretary to sign the transfer
Reasoning
The court found the Plaintiff's allegations credible and supported by evidence, and thus restrained the 2nd Defendant from dealing with the suit land.
Outcome
Appeal dismissed
Orders
- Restraint on the 2nd Defendant from dealing with the suit land
Remedies
- Restraint on the 2nd Defendant from dealing with the suit land
Authorities cited
Legislation (1)
- Civil Procedure Act Cap 21 Laws of Kenya
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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