Wambugu & another v Wambugu & another (Environment and Land Appeal 30 of 2022) [2023] KEELC 20860 (KLR) (19 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20860
- Citation
- [2023] KEELC 20860 (KLR)
- Decided
- 19 October 2023
Summary at a glance
TypeAppealPostureAppeal from a temporary injunction orderCoramJO OLOLA
The Appellants' claim is dismissed as they have not demonstrated a prima facie case with a probability of success.
Facts
The 1st Respondent sold the suit property to the 2nd Respondent, who is the son of the 1st Appellant. The 1st Appellant and 2nd Appellant claim the property was intended to be gifted to the 2nd Appellant by the 1st Respondent, but the 1st Respondent later sold the property to the 2nd Respondent.
Issues
- Whether the 1st Appellant and 2nd Appellant have a valid claim to the suit property
- Whether the 1st Respondent's sale of the property to the 2nd Respondent is valid
Reasoning
The Court found that the 2nd Appellant had not established a vested right to inherit the property and that the 1st Respondent was not under any obligation to gift the property to the 2nd Appellant.
Outcome
The application for temporary injunction is dismissed.
Authorities cited
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