Lucy Wangari Muchiri v John Nganga Kihura & 6 others [2017] KEELC 2283 (KLR)
- Court
- Environment & Land Court
- Case number
- 2283
- Citation
- [2017] KEELC 2283 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent brought a chamber summons to have the Plaintiff's suit against him struck out as scandalous, frivolous and vexatious.CoramE.O. OBAGA
Holding
The Plaintiff's application has merits and the suit against him is struck out with costs to the Plaintiff.
Facts
The Plaintiff claimed to have bought a plot from Susan Ngendo in 1989, but the records showed it belonged to Virginia Wanjiku Leo. The Plaintiff was appointed by the Ngundu Farmers Co-operative Society to receive subdivision scheme approval letters and process leasehold titles.
Issues
- Whether the Plaintiff was acting as an agent of the Ngundu Farmers Co-operative Society
- Whether there is a prima facie case of fraud against the Plaintiff to warrant him to be sued
Reasoning
The Plaintiff was not in charge of compiling the register and did not know who was a member of the society. There is no evidence to show he was involved in any alterations of documents which conferred title upon the first and second defendants.
Outcome
The Plaintiff's suit against the Defendant is struck out with costs.
Orders
- The Plaintiff's suit against the Defendant is struck out with costs.
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.
Loading judgment…