John Ndungu Mwangi (suing as the Legal Representative of the Estate of Mwangi Macharia v Tarsiana Wambura Kabutu [2019] KEELC 283 (KLR)
- Court
- Environment & Land Court
- Case number
- 283
- Citation
- [2019] KEELC 283 (KLR)
- Decided
- 20 December 2019
The court finds that the plaintiff has established a case for cancellation of the defendant’s title No. KIINE/SAGANA1613 due to fraud. The court grants the plaintiff a declaration that the land parcel is part of the deceased's estate and should devolve to his beneficiaries, including the plaintiff. The court also grants the plaintiff a permanent injunction against the defendant from interfering with the use, possession, and enjoyment of the suit property.
Facts
The plaintiff, John Ndungu Mwangi, is the son of the deceased, Mwangi Macharia. The plaintiff claims that the defendant, Tarsiana Wambura Kabutu, fraudulently obtained land registration for the deceased's estate, specifically land parcel No. KIINE/SAGANA/1613. The plaintiff filed a criminal case against the defendant, which resulted in a conviction and sentence.
Issues
- Whether the plaintiff has established a case for cancellation of the defendant’s title No. KIINE/SAGANA1613?
- What relief should be granted?
- Who shall bear the costs of this suit?
Reasoning
The court relies on the conviction and sentence in the criminal case, which established that the defendant fraudulently obtained the land registration. The court also considers the plaintiff's evidence and the criminal proceedings.
Outcome
The plaintiff's claim for cancellation of the defendant’s title and for a declaration that the land parcel is part of the deceased's estate is granted.
Orders
- Declaration that land parcel No. KIINE/SAGANA/1613 is part of the deceased's estate and should devolve to the plaintiff's beneficiaries.
- Permanent injunction against the defendant from interfering with the use, possession, and enjoyment of the suit property L.R. No. KIINE/SAGANA/1613.
Remedies
- Declaration and injunction
Authorities cited
Legislation (1)
- Evidence Act Cap. 80 Laws of Kenya
Cases cited (1)
- Criminal Case No. 210 of 1993 between Republic Versus Tarsiana Wambura
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