Kibweli Chemjor v Rotich Chemjor & 4 others [2021] KEELC 4205 (KLR)
- Court
- Environment & Land Court
- Case number
- 4205
- Citation
- [2021] KEELC 4205 (KLR)
- Decided
- 25 February 2021
The court dismissed the plaintiff's interlocutory application for injunction as he had not demonstrated a prima facie case with probability of success.
Facts
The plaintiff, Kibweli Chemjor, claimed that he was the beneficial owner of the suit property, which was transferred to the 2nd and 3rd defendants by the 1st defendant. The plaintiff alleged fraud in the registration of the land into the defendants' names. The defendants denied these allegations and claimed that the land belonged to the 1st defendant, who was a member of a company that allocated land to its members.
Issues
- Ownership of the suit property
- Fraud in the registration of the land
Reasoning
The court found that the plaintiff had not shown sufficient evidence to establish his claim of fraud and that the defendants had a valid claim to the land based on their membership in the company.
Outcome
The plaintiff's interlocutory application for injunction was dismissed.
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