Nyambura v Mohamed (Environment & Land Case 19 of 2014) [2022] KEELC 2823 (KLR) (18 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2823
- Citation
- [2022] KEELC 2823 (KLR)
- Decided
- 18 May 2022
The suit property lawfully belongs to the Plaintiff Marion Leah Nyambura, who remains in possession until the case is heard and determined.
Facts
The suit property (Title No. Soy/Soy Block 10/843) was sold by Jason Ongeri Mirumbi to Peter Kiplangat Kenduiywa for Kshs 300,000/= on 4th February, 2011. Peter Kiplangat Kenduiywa then sold the property to the Defendant Ali Jama Mohamed for Kshs 300,000/= on 28th July, 2013. The Defendant later settled for a refund and sold the property to the Plaintiff Marion Leah Nyambura for Kshs 300,000/= on 25th September 2013.
Issues
- Who is entitled to the suit property
- Whether the Defendant can claim the property after settling for a refund
- Who should meet the costs of the suit
Reasoning
The court found that the Defendant, who had settled for a refund, cannot claim the property. The Plaintiff, who purchased the property before the balance was cleared, has a stronger claim.
Outcome
The Plaintiff's claim is allowed.
Orders
- A declaration that the Plaintiff is the sole legal owner of the suit property
Remedies
- Costs and interests of the suit
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