Nortis Investments Limited & another v Mary Abondo Achungo & 3 others [2022] KEELC 1781 (KLR)

Facts

The plaintiffs, Nortis Investments Limited and Phenny Holdings Limited, brought a suit against the defendants, Mary Abondo Achungo and others, seeking damages for fraud and deceit, a permanent injunction, and rectification of the title for the suit property. The suit property, L.R No. 209/9680, was originally owned by the Achungos, who sold it to the plaintiffs through an agreement dated July 24, 2002. The plaintiffs claim the title was incorrectly registered in the name of Phenny Holdings Limited as a nominee of the Achungos.

Issues

1. Whether the registration of the suit property in the name of Phenny Holdings Limited as a nominee of the Achungos was erroneous.
2. Whether the plaintiffs are entitled to the reliefs sought in the plaint.

Reasoning

The court determined that the plaintiffs had no evidence linking Phenny Holdings Limited to the agreement of sale between the plaintiffs and the Achungos, and that the agreement did not mention a nominee.

Outcome

The appeal was dismissed.