Wilson Ndegwa Kamau (suing as the legal representative of Kamau Ndegwa) v Sabina Waithira Kamau & another [2019] KEELC 4114 (KLR)
- Court
- Environment & Land Court
- Case number
- 4114
- Citation
- [2019] KEELC 4114 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramJ G KEMEI
Holding
The Court finds the transfer illegal and fraudulent, and cancels the title and orders the land to revert to the estate of Kamau Ndegwa.
Facts
The Plaintiff is the son of the 1st Defendant, who is a purchaser of a plot registered in the name of Kamau Ndegwa. Kamau Ndegwa died on 13/5/99, and the 1st Defendant claims the land was transferred to her as a gift.
Issues
- Whether the transfer of the land was fraudulent and illegal
- Whether the title should be cancelled
- Whether the 2nd Defendant is a bonafide purchaser
Reasoning
The death of the registered owner invalidated any transfer, and the 1st Defendant's actions were found to be fraudulent.
Outcome
The Plaintiff's and the 2nd Defendant's claims succeed partially.
Orders
- The Land title No LOC 2/GACHARAGE /790 issued to the 1st Defendant be and is hereby cancelled and reverted to Kamau Kamore.
- The subdivisions made by the 1st Defendant be declared null and void.
- The title subdivisions registered in the name of the 1st Defendant be cancelled.
- The title for parcel No LOC 2/GACHARAGE /3820 registered in the name of the 2nd Defendant be and is hereby cancelled.
- The 1st Defendant shall pay the 2nd Defendant Kshs 450,000 with interest at 12% p.a.
- The 1st Defendant shall pay the Plaintiffs cost of the suit and the 2nd Defendants counterclaim
Remedies
- Cancellation of titles and land subdivisions
- Payment of Kshs 450,000 with interest
Authorities cited
Cases cited (2)
- Arthi Highway Developers Limited v West End Butchery Limited & 6 others [2015] eKLR
- Insurance Company of East Africa vs. The Attorney General & 3 OthersHccc135/1998
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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