Wangulu Enterprises Limited v Abdalla Said Kugotwa & 6 others [2020] KEELC 1666 (KLR)

Facts

The suit land was originally registered under the Registered Land Act in the names of deceased individuals. Wangulu Enterprises Limited claims to have purchased the land for Kshs100,000 and registered it in its name. Abdalla Said Kugotwa, the 1st defendant, claims he was the rightful owner and trustee of the deceased's estate, having been registered as the owner under Islamic Law.

Issues

1. Whether the cancellation and/or revocation of the plaintiff's registration was lawful.
2. Whether the registration of the 1st defendant as the owner was lawful.
3. Whether the subsequent sale and transfer by the 1st defendant to the 2nd, 3rd, 4th, and 5th defendants was regular or illegal/fraudulent.
4. Whether the plaintiff is entitled to the reliefs sought in the amended plaint.
5. Whether the 1st defendant is entitled to the reliefs sought in the counterclaim.

Reasoning

The court found that the plaintiff had purchased the land for Kshs100,000 and registered it in its name on 5th February, 1977. The 1st defendant's claim of fraudulent registration was not supported by evidence.

Outcome

The appeal was dismissed.

Authorities cited