Nyakoria v Agwata & another (Environment and Land Appeal E001 of 2022) [2022] KEELC 15407 (KLR) (20 December 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 15407
- Citation
- [2022] KEELC 15407 (KLR)
- Decided
- 20 December 2022
The appeal is dismissed with costs, and the title of the land reverts to the deceased.
Facts
In February 1992, Joyce Kemuma purchased land known as North Mugirango/Bonyarorande/1518 from Mr. William Nyakundi. She registered it in favor of Bernard Nyaberi Agwata and James Ondieki Agwata to hold in trust for Kennedy Mong’are Nyakoria. In 2017, the 1st defendant fraudulently transferred the land to himself and later charged it with a loan. The 1st defendant also planted trees and made improvements on the land.
Issues
- Ownership of the land
- Rectification of the register
- Permanent injunction
- Eviction orders
- Exemplary damages
- Fraud in the transfer of title
Reasoning
The court found that the transfer of the land was fraudulent and that the 1st defendant was party to the fraud. The court dismissed the appeal and ordered the rectification of the register and the cancellation of the charge.
Outcome
Appeal dismissed
Orders
- Rectification of the register
- Cancellation of the charge
- Eviction orders
- Exemplary damages
- Costs awarded to respondents
Remedies
- Reversion of title to deceased
Authorities cited
Legislation (1)
- Land Registration Act No 3 of 2012
Cases cited (2)
- Rg Patel v Lalji Makanji (1957) EA 314
- Alice Chemutai Too v Nickson Kipkurui Korir & 2 Others [2015] e KLR
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