Thomas Jerry Khamisi & another v Austin Sadala Khamisi & 4 others [2020] KEELC 2990 (KLR)
- Court
- Environment & Land Court
- Case number
- 2990
- Citation
- [2020] KEELC 2990 (KLR)
The Court finds in favor of the Plaintiffs, ordering the 1st Defendant to refund Kshs 365,000 to the 2nd Plaintiff and compensating him for the value of the construction work done on the property.
Facts
The Plaintiffs, Thomas Jerry Khamisi and Edward Mwamuye Mwadzoya, claim that the 1st Defendant, Austin Sadala Khamisi, fraudulently sub-divided and sold land to the 2nd Defendant, Catherine Waithira Ndambiri, who then transferred the land to the 3rd Defendant, Agnes Nyale Mwangemi. The Plaintiffs allege that the land originally belonged to the 1st Plaintiff's father and that the 1st Defendant had no capacity to sell the land.
Issues
- Validity of the sub-divisions and subsequent sales
- Ownership of the land
- Compensation for the Plaintiffs' construction work
Reasoning
The Court rules that the 1st Defendant had no capacity to sell the land and that the sale was fraudulent, thus invalidating the subsequent transfers.
Outcome
Judgment in favor of the Plaintiffs
Orders
- Refund of Kshs 365,000 to the 2nd Plaintiff
- Compensation of Kshs 450,000 to the 2nd Plaintiff for construction work
- Costs of the suit
Remedies
- Refund of Kshs 365,000
- Compensation for construction work
- Costs of the suit
Authorities cited
Legislation (1)
- Penal Code
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