Moses Odhiambo Muruka & another v Stephen Wambembe Kwatenge & another [2018] KEELC 3233 (KLR)
- Court
- Environment & Land Court
- Case number
- 3233
- Citation
- [2018] KEELC 3233 (KLR)
- Decided
- 11 May 2018
The appeal is dismissed with costs. The court finds that the value of the property was below Kshs. 500,000 and that the contract of sale did not have a default clause. The learned Magistrate correctly issued an order of permanent injunction against the appellants.
Facts
The 2nd appellant purchased 1/8 of an acre from the 1st appellant for Kshs. 450,000. The 1st respondent purchased the remaining 1/8 of an acre for Kshs. 300,000. The 1st respondent paid Kshs. 170,000 and took possession of the property, leaving a balance of Kshs. 50,000 unpaid. The 1st appellant registered the property in the names of the 2nd appellant and the 1st respondent.
Issues
- Jurisdiction of the court
- Fraud in obtaining title
Reasoning
The court re-evaluates the evidence and finds that the value of the property was below the jurisdiction of the court. The 1st respondent did not prove fraud to the required standard. The contract of sale did not have a default clause.
Outcome
Appeal dismissed
Orders
- Permanent injunction against the appellants from dealing in any way with the 1st respondent's 1/8-acre plot
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