Mbindu & another v Joseph Gitau Chege, Peter Wainaina Mbugua, Isaac Njoka Mbugua, & Robert Kinyanjui Mbitiru Person(S) and (As Trustees of Adams Mirror Lari (CBO) Self Help Group) & another (Environment & Land Case 36 of 2016) [2023] KEELC 22158 (KLR) (11 December 2023) (Judgment)

Facts

The Plaintiffs claim to be the lawful proprietors of land titled Mavoko Town Block 3/2744, while the 1st Defendant claims to have purchased the land from the Plaintiffs on 21st October, 2010. The Plaintiffs dispute this claim, alleging fraud and asserting their ownership.

Issues

1. Whether the 1st Defendant legally acquired the suit land and can be deemed as a bona fide purchaser for value without notice.
2. Whether the Plaintiffs are entitled to mesne profits.
3. Whether the Plaintiffs are entitled to the orders sought in the Plaint.
4. Whether the 1st Defendant is entitled to the orders sought in the counterclaim.
5. Who should bear the costs of the suit.

Reasoning

The Court found that the Plaintiffs' identity documents and the Sale Agreement presented by the 1st Defendant were inconsistent, and that the Land Registrar who effected the transfer was initially charged with fraud. The Court also noted that the title deed presented by the 1st Defendant was not genuine.

Outcome

The Plaintiffs' claims for a declaration revoking and cancelling the title, restoring their title, and for mesne profits were upheld.