Marissela Khatambi Kweyu v Francis Juma Wanyama [2018] KEELC 4809 (KLR)
- Court
- Environment & Land Court
- Case number
- 4809
- Citation
- [2018] KEELC 4809 (KLR)
- Decided
- 23 January 2018
The court grants an injunction to maintain the status quo and to enjoin Henry Omukamani Wanyundi as a defendant. The plaintiff is granted leave to amend the plaint.
Facts
Marissela Khatambi Kweyu is the administratrix and heir of the deceased Desteryo Kweyu Nyapore, who died on 23rd March 2003. The deceased was the owner of land parcel S Wanga/Lureko/1403. The defendant, Francis Juma Wanyama, fraudulently transferred the title to himself without taking succession proceedings. The plaintiff filed a suit to enjoin the defendant and Henry Omukamani Wanyundi, and to maintain the status quo.
Issues
- Fraudulent transfer of land title
- Injunction against transferee
- Status quo maintenance
Reasoning
The court finds that the plaintiff has established a prima facie case and grants the injunctions and leave to amend the plaint.
Outcome
In favor of the plaintiff
Orders
- Inhibition placed on title No. South Wanga/Lureko/1403
- Leave granted to enjoin Henry Omukamani Wanyundi as a defendant
- Amendment of the plaint allowed
Remedies
- Maintenance of status quo
- Injunction against transferee
Authorities cited
Legislation (1)
- Civil Procedure Rules
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