Ronald Kenyansa Nyamosi v National Social Security Fund & another [2019] KEELC 3054 (KLR)

Facts

Ronald Kenyansa Nyamosi bought a property known as LR No. Nairobi/Block 140/189/062 from the National Social Security Fund. The National Social Security Fund later issued notices threatening to rescind the sale agreement and repossess the property. The plaintiff/applicant claims to be the rightful owner and seeks a temporary injunction.

Issues

1. Whether the plaintiff/applicant is the rightful owner of the property
2. Whether the plaintiff/applicant has established a prima facie case with a probability of success
3. Whether the plaintiff/applicant will suffer irreparable harm that cannot be adequately compensated by an award of damages
4. Whether the plaintiff/applicant has demonstrated that the consideration was paid to the vendor Joan Yatich Kilele

Reasoning

The court finds that the plaintiff/applicant has failed to establish a prima facie case with a probability of success and has not demonstrated that the consideration was paid to the vendor Joan Yatich Kilele. The court also finds that the transfer signed by the 1st defendant/respondent cannot be lawful without an agreement and consideration.

Outcome

Dismissed

Authorities cited