Scandviken Consultants & Trade (K) Ltd v Daniel Onyango Nyagwara & another [2020] KEELC 1004 (KLR)
- Court
- Environment & Land Court
- Case number
- 1004
- Citation
- [2020] KEELC 1004 (KLR)
The court is not satisfied that the plaintiff has discharged the burden of proof regarding collusion and fraud.
Facts
The plaintiff, Scandviken Consultants & Trade (K) Ltd, entered into a tenancy agreement with Gurcharan Singh for an open space on land known as L.R No. 12715/611. The plaintiff later entered into an agreement with Gurcharan Singh to construct a go-down on the land for a period of 10 years.
Issues
- Whether the 1st and 2nd defendants colluded to fraudulently sell the plaintiff's go-down on L.R No. 12715/611 at undervalue.
- Whether the plaintiff is entitled to the reliefs sought in the plaint.
- Who is liable for the costs of the suit?
Reasoning
The court found that the plaintiff's relationship with the 2nd defendant was that of a lessee and lessor, while the 1st defendant was a shareholder and director. The go-down was not mentioned in the tenancy agreement, and the only document referring to it was an agreement between the plaintiff and Gurcharan Singh.
Outcome
The appeal was dismissed.
Authorities cited
Cases cited (3)
- Kurshed Begum Mirza v Jackson Kaibunga [2017] eKLR
- Ratilal Gordhanbhai Patel v Lalji Makanji [1957] E.A 314
- Virani t/a Kisumu Beach Resort v Phoenix of East Africa Assurance Co. Ltd [2004] 2 E.A KLR 269
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