Mary Njeri Kiarie & Githunguri Njiru Farm (1966) Ltd v Tafuta Development Company Limited [2018] KEELC 3919 (KLR)
- Court
- Environment & Land Court
- Case number
- 3919
- Citation
- [2018] KEELC 3919 (KLR)
- Decided
- 9 February 2018
The court finds no valid agreement for sale between the deceased and the defendant's director, and dismisses the defendant's counter-claim. The plaintiffs are ordered to vacate and hand over the suit property to the plaintiffs' administrator within 60 days.
Facts
The plaintiffs, Mary Njeri Kiarie and Githunguri Njiru Farm (1966) Ltd, sought an order for eviction and a permanent injunction against the defendant, Tafuta Development Company Limited, over a parcel of land known as Plot No. 225, registered in the name of the plaintiffs' deceased shareholder.
Issues
- Validity of the agreement for sale between the deceased and the defendant's director
- Ownership and transfer of the suit property
Reasoning
The court determined that the plaintiffs proved their claim while the defendant's counter-claim was not proven. The court found that the defendant had no proprietary interest in the suit property.
Outcome
Judgment for the plaintiffs
Orders
- The defendant shall vacate and hand over the suit property to the plaintiffs' administrator within 60 days
- A permanent injunction restraining the defendant from interfering with the suit property
Remedies
- Eviction of the defendant from the suit property
- Permanent injunction against the defendant
Loading judgment…