ISAIAH MUTONYI WAMBUGU V JOSEPH GATOHI MAINA & ANOTHER [2013] KEELRC 257 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 257
- Citation
- [2013] KEELRC 257 (KLR)
The plaintiff is entitled to a judgment in his favor, with remedies including a permanent injunction, declaration, and orders for the cancellation of the fraudulent title deed.
Facts
The plaintiff, Isaiah Mutonyi Wambugu, claimed that he was the rightful owner of the property known as KIINE/SAGANA/426. He alleged that the 2nd defendant, Linus Murimi Chomba, fraudulently obtained a title deed and registered as the owner of the property. The plaintiff sought a permanent injunction, declaration, and other remedies.
Issues
- Ownership of the property
- Fraudulent registration
- Trust in the property
Reasoning
The court found that the plaintiff's Land Certificate was genuine and that the title deed held by the 2nd defendant was fraudulently obtained. The court ruled that the 2nd defendant has no right over the suit land and that the issue of any trust cannot arise.
Outcome
Judgment for the plaintiff in terms of prayers 13 (a), (b), (c), (e) and (f) of his plaint.
Orders
- A permanent injunction restraining the 2nd defendant from being on, selling, transferring, or otherwise parting with possession of the title number KIINE/SAGANA/426.
- A permanent injunction to restrain the defendants from interfering with the plaintiff's quiet enjoyment of the suit property.
- A declaration that the transfer and subsequent registration of the 2nd defendant as a proprietor of the said title number KIINE/SAGANA/426 was fraudulent, null and void.
- An order directing the 2nd defendant to deliver up the said title deed to the Land Registrar Kirinyaga for cancellation.
- An order directing the Land Registrar Kirinyaga to cancel the fraudulent title deed issued to the 2nd defendant.
- Removal of the 2nd defendant as the proprietor of the suit property.
- Delivery of the title deed to the Land Registrar Kirinyaga for cancellation.
- Delivery of the title deed to the Land Registrar Kirinyaga for cancellation.
- Delivery of the title deed to the Land Registrar Kirinyaga for cancellation.
Remedies
- A permanent injunction restraining the 2nd defendant from being on, selling, transferring, or otherwise parting with possession of the title number KIINE/SAGANA/426.
- A permanent injunction to restrain the defendants from interfering with the plaintiff's quiet enjoyment of the suit property.
- A declaration that the transfer and subsequent registration of the 2nd defendant as a proprietor of the said title number KIINE/SAGANA/426 was fraudulent, null and void.
- An order directing the 2nd defendant to deliver up the said title deed to the Land Registrar Kirinyaga for cancellation.
- An order directing the Land Registrar Kirinyaga to cancel the fraudulent title deed issued to the 2nd defendant.
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