Andera Omanyo Ekulo v Innocent Masiga Makokha [2020] KEELC 2977 (KLR)

Facts

The plaintiff, Andera Omanyo Ekulo, claims the defendant, Innocent Masiga Makokha, fraudulently registered the title deed of a parcel of land in his name. The plaintiff allowed the defendant to build rental rooms on the land and later sought to cancel the registration.

Issues

1. Whether the defendant should be restrained from transferring, sub-dividing, disposing or charging the land until the suit is heard and determined.
2. Whether the plaintiff's claim for the cancellation of the registration is valid.

Reasoning

The court notes the plaintiff's claim of fraud and the defendant's denial of fraud, but finds that the purpose of the inhibition is to preserve the subject matter of the suit and not to prejudice the defendant.

Outcome

The application is granted with costs.

Authorities cited