Waithira Kimondo &another; v Vigilant Auctioneers & 2 others [2019] KEELC 114 (KLR)
- Court
- Environment & Land Court
- Case number
- 114
- Citation
- [2019] KEELC 114 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramJ G KEMEI
The Plaintiffs' claim for fraud is not proven, and the Plaintiffs' alternative claim for an account of monies owing is allowed.
Facts
The Plaintiffs claim that the Defendants fraudulently charged the suit land, which was registered in the name of the 1st Plaintiff. The 2nd Defendant advanced Kshs 1.2 million to the 3rd Defendant, but the Plaintiffs argue that only Kshs 300,000 was advanced.
Issues
- Fraudulent charging of the suit land
- Statutory power of sale
- Account of monies owing
Reasoning
The Court found that the Plaintiffs did not prove fraud and that the 2nd Defendant failed to serve the Plaintiffs with statutory notices.
Outcome
The Plaintiffs partially succeed in their claim and are granted an account of monies owing.
Orders
- Prayer a (permanent injunction) is declined
- Prayer b (declaration of charge void) is declined
- Prayer c (account of monies owing) is allowed
Remedies
- Account of monies owing
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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