Guchu (Suing as an Administrator Of the Estate of Stephen Guchu Churu) v Kamande & 3 others (Environment and Land Appeal 20B of 2020) [2022] KEELC 3965 (KLR) (4 July 2022) (Judgment)

Facts

The deceased, Stephen Guchu Churu, died in 2015. The appellant, Ruth Wanjiru Guchu, was the widow and administratrix of his estate. She initiated a suit against the respondents, alleging fraud in the registration of the suit property in the name of the 1st respondent.

Issues

1. Validity of the sale of the suit property to the 1st respondent by the deceased
2. Procurement of fraudulently registering the suit property in the name of the 1st respondent

Reasoning

The court found no merit in the appeal as the appellant did not challenge the validity of the sale agreement in the pleadings of the suit giving rise to this appeal. The key issue was whether the registration of the 1st respondent as proprietor of the suit property was procured fraudulently by the 1st and 3rd respondents.

Outcome

Appeal dismissed