Kadzo Katana Konde & others v Islam Ahmed Said & another [2017] KEELC 3208 (KLR)

Facts

The Plaintiffs claim that the 1st Defendant, Islam Ahmed Said, fraudulently obtained title to land property titled Kilifi/Vipingo/406 by executing a fraudulent transfer document. The land was previously registered in the name of the Plaintiffs' deceased father, Katana Konde Ngundo, who had appointed his son, Said Katana Konde, as his attorney.

Issues

1. Whether the 1st Defendant's title to land property titled Kilifi/Vipingo/406 is valid
2. Whether the Plaintiffs are entitled to an interlocutory injunction to prevent the 1st Defendant from dealing with the land

Reasoning

The court found no merit in the application, concluding that the transfer of the land was not fraudulent and that the Plaintiffs are not entitled to an injunction.

Outcome

Application dismissed