Thuo Ng’ang’a v Faith Wanjiru Thuo & another [2018] KEELC 2416 (KLR)
- Court
- Environment & Land Court
- Case number
- 2416
- Citation
- [2018] KEELC 2416 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramJ G KEMEI
Holding
The titles in respect to Land Reference Number Loc.3/Gituru/875 registered in the names of the 1st Defendant and/or the 2nd Defendant be and are hereby cancelled. The title in respect to Land Reference Number Loc.3/Gituru/875 do and hereby reverts to the names of the Plaintiff and the 1st Defendant as per entry No.3 in the title register.
Facts
The Plaintiff and the 1st Defendant were joint owners of the suit land. The 1st Defendant fraudulently transferred the land to herself and then to the 2nd Defendant.
Issues
- Whether the transfer of land to the 1st Defendant was fraudulent and/or illegal?
- Whether the 2nd Defendant was a bonafide purchaser for value without notice of fraud and/or illegality?
Reasoning
The court found the transfer to be fraudulent and illegal, and the 2nd Defendant was not a bonafide purchaser.
Outcome
The 1st and 2nd Defendants' titles are cancelled, and the land reverts to the Plaintiff and the 1st Defendant.
Orders
- The titles in respect to Land Reference Number Loc.3/Gituru/875 registered in the names of the 1st Defendant and/or the 2nd Defendant be and are hereby cancelled.
- The title in respect to Land Reference Number Loc.3/Gituru/875 do and hereby reverts to the names of the Plaintiff and the 1st Defendant as per entry No.3 in the title register.
- A permanent injunction restraining the 2nd Defendant, his servants and/or agents from selling, leasing, charging, disposing, entering into, utilizing or interfering in any way with the Plaintiff and 1st Defendant use and enjoyment of land known Land Reference Number Loc.3/Gituru/875.
- The Defendants shall pay the cost of this suit.
Remedies
- Cancellation of titles
- Permanent injunction
Authorities cited
Legislation (1)
- Land Registration Act
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.
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