Zelima Atieno Ogada v Fintel Limited & another [2019] KEELC 1062 (KLR)
- Court
- Environment & Land Court
- Case number
- 1062
- Citation
- [2019] KEELC 1062 (KLR)
Summary at a glance
TypeCivil SuitPostureApplication to strike out the plaintiff's suitCoramC.K. YANO
The court finds that there are triable issues between the parties and the plaintiff's suit is not an abuse of the court process.
Facts
The plaintiff, Zelima Atieno Ogada, claims to be the registered owner of a property known as TITLE NO. KWALE/GALU KINONDO/34, acquired from Chambedo Holdings Limited on 22/8/14. The 1st defendant, Fintel Limited, claims an indefeasible title to the property through a transfer from Chambedo Limited.
Issues
- Ownership of the property
- Fraudulent acquisition of title
Reasoning
The court considers the pleadings and the statements of both parties, finding that there are triable issues worth a trial.
Outcome
The application to strike out the plaintiff's suit is dismissed.
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