Rico Kinyariro v Renate Wolff & another [2017] KEELC 2558 (KLR)
- Court
- Environment & Land Court
- Case number
- 2558
- Citation
- [2017] KEELC 2558 (KLR)
- Decided
- 23 June 2017
The suit property shall be preserved as it is now, and the plaintiff shall cease further developments on it pending the hearing and determination of this suit.
Facts
The defendant Renate Wolff is the registered proprietor of the suit property, Land Reference Number 12661/61, in the Karen Area of Nairobi. The plaintiff, Rico Kinyariro, and the interested party, Rene Njuguna Kariuki, are biological sons of the defendant and were sired by John Kariuki Kinyariro. The defendant made a sworn affidavit in 2000 stating that the plaintiff and the interested party are her sons and that she has authorized them to share the suit property equally.
Issues
- Ownership of the suit property
- Validity of the defendant's 2000 affidavit
Reasoning
The court found the defendant's 2000 affidavit to be valid and the plaintiff to be a beneficial owner of 1/2 of the suit property.
Outcome
The plaintiff's claim for ownership of 1/2 of the suit property is upheld.
Orders
- Preservation of the suit property
- Preservation of existing developments and improvements
- Plaintiff to file and serve documents within 15 days
- Defendant and interested party to file and serve documents within 21 days
- Plaintiff to file and serve a reply to defence within 7 days
- Mention of the case on 20/9/2017 for a hearing date
Remedies
- Preservation of the suit property
- Preservation of existing developments and improvements
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