Nyamita & 2 others v Tuju (Environment and Land Case 288 of 2016) [2024] KEELC 1163 (KLR) (29 February 2024) (Judgment)

Summary at a glance

Facts

The Plaintiffs claim that the Defendant fraudulently transferred and registered the suit lands in his name, while the Defendant claims he bought the lands in 1984 and transferred them to himself in 2016.

Issues

• Whether the transfer and registration of the suit lands was fraudulent and illegal.
• Whether the Plaintiffs are entitled to the prayers sought.
• Whether the Defendant is entitled to the prayers sought in the counterclaim.
• Who pays the costs of the suit.

Reasoning

The Plaintiffs provided evidence showing that the land was registered in the name of the Settlement Fund Trustee until 2016, and that the Defendant did not cause the transfer in his name immediately after purchase. The court found that the Defendant's claim of fraud was not supported by evidence.

Outcome

The Plaintiffs' prayers are granted.

Orders

• A permanent injunction restraining the Defendant from trespassing, encroaching, interfering or erecting illegal structures on the suit lands.
• A declaration that the suit plots belong to the deceased and be reverted back to his name.
• A declaration that the transfer was illegal and void.
• A declaration that the 3rd Plaintiff is the beneficial and/or rightful owner of part of the suit plots.

Remedies

• The Defendant is restrained from interfering with the Plaintiffs' quiet and peaceful occupation of the suit lands.