Simon Gathuru Kimani v Peter Gachagu Muiruri & Another [2020] KEELC 3206 (KLR)
- Court
- Environment & Land Court
- Case number
- 3206
- Citation
- [2020] KEELC 3206 (KLR)
Summary at a glance
TypeLand Registration DisputePostureAppeal from a decision of the Environment and Land CourtCoramL. GACHERU
The court finds that Ruth Mwihaki Gathuru was the owner of the land parcel Kijabe/Block 1/2810 and that the Defendants' registration of the land was fraudulent. The court orders the restoration of the land to Ruth Mwihaki Gathuru and the cancellation of the Defendants' registration.
Facts
The Plaintiff, Simon Gathuru Kimani, claimed that the land parcel Kijabe/Block 1/2810 belonged to his late wife, Ruth Mwihaki Gathuru, and that the Defendants, Peter Gachagu Muiruri and John Muthami Mwaura, had fraudulently registered the land in their names.
Issues
- Ownership of the land parcel Kijabe/Block 1/2810
- Validity of the registration of the land parcel Kijabe/Block 1/2180
Reasoning
The court determined that the Plaintiff had proved his case on the required standard of balance of probabilities, and that the Defendants had not provided any evidence to contradict the Plaintiff's claim.
Outcome
In favor of the Plaintiff
Orders
- A declaration that the land parcel Kijabe/Block 1/2810 belongs to Ruth Mwihaki Gathuru
- Cancellation of the Defendants' registration of the land parcel Kijabe/Block 1/2180
- A permanent injunction against the Defendants to prevent them from entering or dealing with the land
- Costs of the suit with interest
Remedies
- Restoration of the land to Ruth Mwihaki Gathuru
- Cancellation of the Defendants' registration
Authorities cited
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