Thiga & another v Mburu & 2 others (Sued on Behalf of Amamen Self-Help Group) (Environment and Land Appeal E018 of 2024) [2025] KEELC 4603 (KLR) (Environment and Land) (19 June 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4603
- Citation
- [2025] KEELC 4603 (KLR)
- Decided
- 19 June 2025
Summary at a glance
Facts
The deceased, George Thiga Ngamate, passed away in 2008. His estate's property, LR Naivasha/Mwichiringiri Block 4/1149, was transferred and registered to the 1st Respondent in 2014. The 1st Respondent subsequently sold the property to the 2nd Respondent, who took a bank loan and charged the title. The 1st Appellant filed a suit seeking to re-transfer the property to the deceased's estate.
Issues
- Whether the trial learned trial Magistrate erred in his findings.
- Whether the Appeal has merit.
Reasoning
The court found the Appellant's demeanor to be shifty and unbelievable, and had initiated the process to transfer the property to his brother's name, subsequently ripping from the benefit of the proceeds. The court dismissed the appeal as it would encourage fraudulent behavior and undermine the integrity of land transactions.
Outcome
Appeal dismissed with costs
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