Paul Maina Kinguru & another v Lucy Sialo Nayoki Tofani & 2 others [2015] KEELC 357 (KLR)
- Court
- Environment & Land Court
- Case number
- 357
- Citation
- [2015] KEELC 357 (KLR)
- Decided
- 10 July 2015
Summary at a glance
TypeCivilPostureAppeal from a judgment of the Environment and Land CourtCoramO. A. Angote
The court finds that the Plaintiffs have proved their case on a balance of probabilities and declares the transfer of the suit property from the deceased to the 1st Defendant and any subsequent transfers to be fraudulent, illegal, null and void.
Facts
The Plaintiffs claim that the 1st Defendant fraudulently transferred the suit property to herself using forged documents. The Plaintiffs allege that the property belonged to their late father, who purchased it in 1974.
Issues
- Fraudulent transfer of property
- Voidability of transfer
Reasoning
The court relies on evidence of a forged Transfer document, a certificate of confirmation of a grant in respect to the Estate of the deceased, and an Indenture registered in favour of the Plaintiffs' father.
Outcome
The Plaintiffs' claim is allowed.
Orders
- Order declaring the transfer of the suit property to be fraudulent, illegal, null and void
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