St Thomas Academy Limited v Githumu Kangema Limited and Others (Environment & Land Case 281 of 2013) [2024] KEELC 7025 (KLR) (24 October 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7025
- Citation
- [2024] KEELC 7025 (KLR)
- Decided
- 24 October 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramMOGENI J
Holding
The plaintiff's claim is hereby dismissed with costs to the 1st defendant.
Facts
St Thomas Academy Limited purchased property LR 209/3007/1 from Githumu Kangema Limited. The plaintiff sought to declare the cancellation of its title and registration of ownership by the 2nd and 3rd defendants null and void, and to obtain a fresh grant in its name.
Issues
- Validity of the transfer of land between the plaintiff and the 1st defendant
- Entitlement of the plaintiff to the orders sought
- Costs of the suit
Reasoning
The court applied the principle of nemo dat quod non habet (one cannot give what he does not have) under Section 23 of the Sale of Goods Act, finding the transfer invalid due to lack of authority. The plaintiff's title was not protected by any exceptions to the rule.
Outcome
Dismissal of the plaintiff's claim
Orders
- The plaintiff's claim is hereby dismissed with costs to the 1st defendant.
Authorities cited
Cases cited (2)
- Haul Mart Kenya limited v Tata Africa Kenya limited (2017) eKLR
- Katana Kalume V Municipal Council of Mombasa (2019) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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