Petronillah Nafuna Khaemba v Attorney General & 7 others [2019] KEELC 3009 (KLR)

Summary at a glance

Facts

Petronillah Nafuna Khaemba was the registered owner of the suit property (Land Title Number Nairobi/Block 111/409). She alleged that Elias Kagwa Kubania fraudulently obtained the property through a sale and subsequent transfer on 26/4/2005. The plaintiff claimed damages and rectification of the register.

Issues

• Whether the sale and subsequent transfer of the suit property was fraudulent.
• Whether the resultant title is null and void.
• Whether the plaintiff is entitled to the reliefs sought in the plaint, including damages.
• Whether the 5th and 6th defendants are entitled to indemnification against any of the other defendants.
• Quantum of damages if found liable.

Reasoning

The court found that the plaintiff did not sell the property to the 6th defendant and that a fraudster masquerading as the plaintiff procured the impugned transfer.

Outcome

Judgment in favor of the plaintiff

Orders

• The transfer of Nairobi/Block 111/409 from Petronillah Nafuna Khaemba to Elias Kagwa Kubania was declared fraudulent and null and void.
• Ownership of the suit property is restored to the plaintiff.

Remedies

• Declaration of fraud and nullity of the transfer.
• Restoration of ownership to the plaintiff.