Waigwa v Shambe & 4 others (Environment & Land Case 3 of 2014) [2024] KEELC 918 (KLR) (26 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 918
- Citation
- [2024] KEELC 918 (KLR)
- Decided
- 26 February 2024
The court found the sale agreement to be fraudulent and illegal, and ordered the plaintiff to be registered as the absolute proprietor of the land.
Facts
The plaintiff, Waigwa, sued the defendants for the sale and transfer of the suit land. The 1st Defendant sold the land to the 2nd Defendant, who then sold it to the 3rd Defendant. The plaintiff claims the sale was invalid due to fraud and misrepresentation.
Issues
- validity of the sale agreement
- payment of the full purchase price
- legal and valid sale and transfer
Reasoning
The court held that the 1st Defendant sold the land to the 2nd Defendant knowing he had already sold it to the plaintiff, and that the 2nd and 3rd Defendants sold the land without due regard to the plaintiff's legal interest. The court found the sale to be fraudulent and illegal.
Outcome
The plaintiff was declared the absolute proprietor of the land.
Orders
- Declaration that the transfer of the land was fraudulent and illegal
- Cancellation of the 3rd Defendant's title
- Registration of the plaintiff as the absolute proprietor of the land
Remedies
- Interests thereon at court rates
- Costs of and incidental to this suit
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Alice Chemutai Too v Nickson Kipkurui Korir & 2 Others [2015] eKLR
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