Jeremiah Mwaura Mithanga & another v Njoroge Kuria Joseph [2016] KEELC 1222 (KLR)

Facts

The Plaintiffs claim the Defendant fraudulently transferred the suit property to his name, while the Defendant claims he acquired the property through a sale agreement with the Plaintiffs. The Plaintiffs allege fraud, but the Defendant disputes this and provides evidence of the sale agreement.

Issues

1. Whether the Plaintiffs have established a prima facie case of fraud
2. Whether the Plaintiffs have discharged the burden of proof for their allegation of fraud

Reasoning

The Plaintiffs failed to provide evidence to establish fraud, and the Defendant provided credible evidence of the sale agreement.

Outcome

Application dismissed

Authorities cited