Peter Masakwi Mogori v Kenya Commercial Bank Limited & 2 others [2020] KEELC 1489 (KLR)
- Court
- Environment & Land Court
- Case number
- 1489
- Citation
- [2020] KEELC 1489 (KLR)
- Decided
- 15 July 2020
The court held that the plaintiff is seized of capacity to originate the suit and that the court has jurisdiction over the suit. The court also found that the first defendant's acquisition of the suit land was unlawful, irregular, and fraudulent.
Facts
The plaintiff, Peter Masakwi Mogori, is the personal representative of the estate of Paulo Wangkio Getari. The deceased, Paulo Wangkio Getari, was the registered proprietor of the suit land. The suit land was charged to the first defendant, Kenya Commercial Bank Limited, in 1976. The first defendant subsequently sold and transferred the land to the second defendant, Christopher Nyamohanga, who then charged the land to the third defendant, Agricultural Finance Corporation. The plaintiff claims the sale and transfer of the land was unlawful and seeks to have the land returned to the deceased's estate.
Issues
- Is the plaintiff seized of capacity to originate the suit?
- Does this court have jurisdiction over the suit allegedly statute barred?
- Was the 1st defendant's acquisition of the suit land lawful?
- The reliefs available to the plaintiff and the 2nd defendant based on the plaint and the counter claim respectively.
Reasoning
The court analyzed the pleadings, testimonies, and authorities cited, concluding that the plaintiff is competent to bring the suit and that the court has jurisdiction. The court found that the first defendant's sale and transfer of the land was unlawful and fraudulent.
Outcome
The court dismissed the 1st defendant's application to strike out the suit and ordered the sale and transfer of the suit land to be null and void.
Orders
- The sale and transfer of the suit land by the first defendant to the second defendant is null and void.
- The Title in the suit land is hereby restored to the deceased's estate and the land register is to be rectified to restore the deceased's name.
- All other dealings on the suit land that followed the sale and transfer of the land between the first and second defendants, including the charge to the third defendant, are hereby nullified.
Remedies
- Restoration of the deceased's name to the suit land.
- Nullification of the charge to the third defendant.
Authorities cited
Legislation (1)
- Limitation of Actions Act Chapter 22 Laws of Kenya
Cases cited (1)
- Galaxy Paints Company Ltd-vs-Falcon Grounds Ltd (2000)2EA 385
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