Mercy Njeri Nyaga & another v Erastus Njue Gitanguthi & 2 others [2020] KEELC 2014 (KLR)

Facts

The Plaintiffs, as legal representatives of the estate of their deceased father, sued the Defendants for declaring the transfer and registration of land parcels as fraudulent and for costs. The Plaintiffs alleged that the Defendants secretly transferred the land without their knowledge and consent, and that the deceased was mentally unsound at the time of the alleged sale.

Issues

1. Whether the land transfers were fraudulent
2. Whether due process was followed in the transfer
3. Whether the Plaintiffs' suit is time barred
4. Who shall bear the costs of the suit

Reasoning

The court held that the Plaintiffs' allegations of fraud were not sufficiently pleaded and supported by evidence. The standard of proof for fraud is higher than on a balance of probabilities, and the Plaintiffs' evidence was inconsistent with their pleadings.

Outcome

Dismissed

Authorities cited