Nancy Wanjiku Mwaura v George Njoroge & 3 others [2017] KEELC 3820 (KLR)

Facts

The Plaintiff, Nancy Wanjiru Mwaura, sought a declaration that the 1st Defendant, George Njoroge, was a trustee holding the suit property on trust for her and other beneficiaries. She also sought an order directing the 3rd Defendant, Registrar of Titles Kiambu, to cancel the transfer and an injunction against the Defendants from dealing with the property.

Issues

1. Whether the 1st Defendant is a trustee holding the suit property on trust for the Plaintiff and other beneficiaries.
2. Validity of the 1st Defendant's sale of the suit property to the 2nd Defendant.
3. Whether the 4th Defendant is entitled to specific performance of the sale agreement.

Reasoning

The Court finds that the Plaintiff has not proved her case on a balance of probabilities and that the 4th Defendant has not proven his counter-claim. The sale agreement is not valid due to lack of consent from the Land Control Board.

Outcome

Dismissal of the Plaintiff's claim with costs and a refund to the 4th Defendant.