C’est Bon Superior School Ltd v Joseph Alex Gichuhi & 2 others [2019] KEELC 3569 (KLR)
- Court
- Environment & Land Court
- Case number
- 3569
- Citation
- [2019] KEELC 3569 (KLR)
- Decided
- 2 May 2019
The court found that the plaintiff failed to prove fraud, illegality, and irregularity in the transfer of the suit land.
Facts
The plaintiff, C’est Bon Superior School Ltd, claims the land parcel KARAI/GIKAMBURA/635 was transferred fraudulently to the 2nd defendant, Joseph Alex Gichuhi. The 1st defendant, Joseph Alex Gichuhi, passed away in 2013. The 2nd defendant, Ndirangu Karanja, denies allegations of fraud and claims he was provided with all necessary documents.
Issues
- Whether there was fraud, illegality and irregularity in the transfer of the suit land from the plaintiff company to the 2nd defendant.
- Whether the 2nd defendant acquired a valid title to the suit property and whether he is a bona fide purchaser for value without notice.
Reasoning
The court ruled that the plaintiff did not provide sufficient evidence to disprove the 2nd defendant's claim of a valid title and that the plaintiff failed to prove fraud, illegality, and irregularity in the transfer of the suit land.
Outcome
The plaintiff's claim was dismissed.
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (3)
- Linus Nganga Kiongo & 3 others vs Town Council of Kikuyu [2012] eKLR
- Lucy Njeri vs Isaac Wangoya Mwangi & Another Nairobi ELC Appeal case No. 25 of 2014 (2018) eKLR
- Charter House Bank Limited (under Statutory Management) vs Frank N. Kamau, Nairobi CA No. 87 of 2014 (2016) eKLR
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