Penta Ventures Limited & 2 others v Ngotho & 2 others (Sued as the legal representatives of the Estate of the Late Anthony Athanas Ngotho) (Environment & Land Case 737 of 2013) [2024] KEELC 4355 (KLR) (29 May 2024) (Judgment)

Summary at a glance

Facts

The Plaintiffs claim ownership of properties in Mavoko Town Block 2, which were sold to them by the Defendant. The Defendant later resurveyed and cancelled the titles, transferring the properties to the Plaintiffs in a different block.

Issues

• Is the 1st Plaintiff entitled to LR.No.Mavoko Town Block 2/1543?
• Is the 1st Plaintiff entitled to LR.No.Mavoko Town Block 2/3801?
• Are the Plaintiffs entitled to the prayers sought in the Plaint?
• Who should bear the costs of the suit?

Reasoning

The court found that the 1st Plaintiff was entitled to LR.No.Mavoko Town Block 2/1543 due to the Defendant's admission and the willingness of the Administrators to transfer it. However, the property is a private one and cannot be transferred.

Outcome

The 1st Plaintiff is entitled to one Quarter of an acre property within the sub-division known as LR.No.Mavoko Town Block 2.

Orders

• The 1st Plaintiff is entitled to one Quarter of an acre property within the sub-division known as LR.No.Mavoko Town Block 2.

Remedies

• One Quarter of an acre property within the sub-division known as LR.No.Mavoko Town Block 2.