Christopher Ndolo Mbuta & another v Jackson Mutua Kavila & 4 others [2017] KEELC 1722 (KLR)

Facts

The Plaintiffs claim that the suit land was fraudulently transferred to the 1st Defendant by Alice Ndunge Mbuta Ndolo (deceased) and Reuben Kinyumu. The 1st Defendant filed a protest of Confirmation of Grant in the Succession Matter No. 167 of 1996.

Issues

1. Whether the suit is res-judicata in view of the Ruling in Machakos Succession Cause No. 167 of 1996
2. Whether the suit is time barred

Reasoning

The Succession Court did not consider the issue of whether the suit properties were fraudulently or illegally registered in the name of the 1st Defendant. The Plaintiffs have pleaded that they always believed the suit land formed part of the Estate of the late Mbuta Ndolo, and they discovered the fraudulent transfer when the 1st Defendant joined the Succession matter.

Outcome

Defendants' Notice of Preliminary Objection dismissed with costs to Plaintiffs.

Authorities cited