Ulungalu Na Utanu Yatta Trading Industry and Transport Co. Limited v Francis Mutua Mboya t/a Mutua Mboya & Nzissi Advocates & 2 others (Environment & Land Case 72 of 2003) [2024] KEELC 1692 (KLR) (4 April 2024) (Judgment)

Summary at a glance

Facts

The Plaintiff, Ulungalu Na Utanu Yatta Trading Industry and Transport Co. Limited, sought an order declaring the proceedings and consent orders in Civil Suit No. 82 of 2002 null and void, and a permanent injunction against the 1st Defendant, Francis Mutua Mboya, for interfering with the Plaintiff's quiet possession of the suit land. The 1st Defendant opposed the suit, claiming he was a bona fide purchaser for value of the suit land.

Issues

• Whether the 1st Defendant legally acquired the suit land.
• Whether the 1st Defendant can be deemed a bona fide purchaser for value without notice.
• Whether the consent order issued in HCCC No. 82 of 2002 bound the parties.

Reasoning

The court found that the 1st Defendant did not have legal title to the suit land and was not a bona fide purchaser for value without notice.

Outcome

The appeal was dismissed.

Orders

• The Plaintis' request for an order declaring the proceedings and consent orders in Civil Suit No. 82 of 2002 null and void was granted.
• The Plaintis' request for a permanent injunction against the 1st Defendant was denied.

Remedies

• The Plaintis were awarded costs of the suit.
• The Sale Agreement between the 3rd Defendant and the 1st Defendant was declared null and void by the court.