Philiph Kivuva Nzioka v Beatrice Samwel & 3 others [2018] KEELC 7 (KLR)
- Court
- Environment & Land Court
- Case number
- 7
- Citation
- [2018] KEELC 7 (KLR)
- Decided
- 3 December 2018
Summary at a glance
TypeLand DisputePostureDefendants' appeal dismissedCoramMBOGO C.G
The Plaintiff has not satisfied the court that he has a cause of action against the Defendants and the suit is dismissed.
Facts
The Plaintiff claims to have bought a portion of the suit property from the Defendants' family in 1988. They made a supplementary agreement culminating in an agreement dated 9th September, 2011, where the Defendants were to show and transfer a 100' x 100' portion of land to the Plaintiff. The Plaintiff claims the Defendants have refused to show the land despite receiving Kshs. 230,000.
Issues
- Whether the Plaintiff has a cause of action against the Defendants
- Whether the Defendants had the capacity to enter into a sale agreement with the Plaintiff
Reasoning
The court found that the first agreement was entered into 30 years ago and there is no evidence of share number 501 having been transferred to the nominees of Samuel Kile, who is deceased. The Defendants were sued in their personal capacity instead of as the legal representatives of Samuel Kile.
Outcome
Dismissal of the suit
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