Maria Rosita Cardozo (Suing through here appointed Agent Masai Mara Sopa Lodge Limited v Robert Kibagendi Otachi & another [2017] KEELC 3804 (KLR)
- Court
- Environment & Land Court
- Case number
- 3804
- Citation
- [2017] KEELC 3804 (KLR)
- Decided
- 31 August 2017
The Court finds that the transfer of the property was null and void, and the Plaintiff is entitled to the property. The Court orders the rectification of the land registry records and the return of the property to the Plaintiff.
Facts
The Plaintiff, Maria Rosita Cardozo, claimed that the Defendant, Robert Kibagendi Otachi, fraudulently transferred the property Nairobi/Block 90/235 to himself without her knowledge, consent, and/or authority. The Plaintiff sought a declaration that the transfer was null and void, and orders for the return of the property to her.
Issues
- Validity of the transfer of the property
- Rectification of the land registry records
- Ownership of the property
Reasoning
The Court ruled that the transfer was fraudulent and that the Plaintiff's title was valid. The Court also found that the Plaintiff's certificate of title was the valid one.
Outcome
Plaintiff wins
Orders
- Cancellation of the 1st Defendant's Certificate of title
- Rectification of the land registry records
- Return of the property to the Plaintiff
Remedies
- Return of the property to the Plaintiff
- Rectification of the land registry records
Authorities cited
Legislation (2)
- Cap 300 (now repealed)
- Land Registration Act
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