Zakaria Muigai Gakibe v John Mwenja Ngumba & 4 others [2021] KEELC 2354 (KLR)

Summary at a glance

Facts

The plaintiff, Zakaria Muigai Gakibe, seeks a declaration that the property known as Land Reference No. 74/16 North East of Nairobi was held by the late Andrew Ngumba and the 1st defendant in trust for the plaintiff. He also seeks declarations and orders regarding a resulting or implied trust, a sale agreement, and the transfer of the property.

Issues

• Whether there was a valid sale agreement between the plaintiff and the deceased.
• Whether there was a constructive trust created in favor of the plaintiff.
• Was the suit property properly sold by the 2nd defendant at the public auction held on 26th April 2005?
• Was the transfer in favor of the 3rd defendant proper?
• Is the plaintiff entitled to the reliefs sought?
• Whether this court lacks jurisdiction to hear and determine this suit on the grounds of res judicata and the abatement of HCCC 1850 of 1993.
• Whether the suit is time barred under section 7 of the Limitation of Actions Act.
• Is the 3rd defendant entitled to the prayers sought on the counterclaim?
• Who should bear costs of the suit?

Reasoning

The court held that the sale agreement was not valid due to the lack of execution by the parties, and thus the plaintiff's claims regarding the sale and trust were not supported.

Outcome

The court dismissed the plaintiff's claims and did not issue any orders.

Authorities cited