Rose Wambui Njuguna v Jane Nyambura Kimuchu & 2 others [2020] KEELC 2261 (KLR)
- Court
- Environment & Land Court
- Case number
- 2261
- Citation
- [2020] KEELC 2261 (KLR)
- Decided
- 4 June 2020
The sale agreement dated 30th July 2009 is not valid and enforceable as it does not measure up to the standards of the agreement as contemplated under the provisions of Section 3(3) of the Law of Contract Act, Cap 23 Laws of Kenya.
Facts
The plaintiff, Rose Wambui Njuguna, filed a suit against the defendants, Jane Nyambura Kimuchu, Agnes Wairima Gathu, and Anthony Gichuru Njuguna, seeking a declaration that the suit property, Plot No. 1-310 Mathare North, legally belongs to her, delivery of vacant possession within 14 days, refund of monthly income collected by the defendants, and general damages.
Issues
- Ownership of the suit property
- Validity of the sale agreement
Reasoning
The plaintiff did not sign the sale agreement and power of attorney, and the agreement was obtained through forgery of her signatures. The sale agreement does not confer any interest on the deceased person.
Outcome
The appeal is dismissed.
Authorities cited
Legislation (1)
- Law of Contract Act, Cap 23 Laws of Kenya
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