Peter Njuki Ngarira v Lugard Muriuki Ngeeni & 3 others [2020] KEELC 1920 (KLR)
- Court
- Environment & Land Court
- Case number
- 1920
- Citation
- [2020] KEELC 1920 (KLR)
- Decided
- 29 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trialCoramG.
Holding
The court found fraud and ordered the cancellation of the title deeds issued to the 1st and 2nd defendants.
Facts
The plaintiff borrowed Ksh. 50,000 from the defendant for school fees, but the defendant insisted on a security of the plaintiff's property. The plaintiff later found two agreements, one for Ksh. 500,000 and another for Ksh. 50,000, both dated 2012. The plaintiff reported the fraud to the CID.
Issues
- Whether the plaintiff has proved fraud against the defendant?
- What are the appropriate orders to issue?
- Who will pay the costs of this suit?
Reasoning
The court observed that the acreage in the first agreement was incorrect and that the defendant had all intentions to transfer the property to himself through fraudulent means.
Outcome
Fraud found; title deeds cancelled.
Orders
- Cancellation of title deeds issued to the 1st and 2nd defendants.
- Order directing the Land Registrar Kerugoya to rectify the register and cancel the title deeds.
- Order directing the Land Registrar to issue a new title deed to the plaintiff.
Remedies
- Damages.
- Costs of the suit.
Authorities cited
Legislation (1)
- Land Act
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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