WILBERFORCE ASIEPI ONGORU & TWO OTHERS vs MARGARET ONDESO OPIO & 3 OTHERS [2002] KEHC 767 (KLR)

Facts

Plaintiffs claim that the first defendant caused herself to be registered as proprietor of two shopping centers by fraud. The first defendant is a widow of the deceased George Leonard James Opio.

Issues

1. Whether the purported transfers of the two suit lands were null and void.
2. Whether the plaintiffs are entitled to an order for cancellation of the transfers.
3. Whether the plaintiffs are entitled to an order that the vesting order obtained by the purchaser be registered against the suit properties.
4. Whether the plaintiffs are entitled to an interlocutory injunction restraining the first defendant from transferring, alienating, or in any other way dealing with the Ziwani and Makadara properties until the determination of the suit.

Reasoning

The plaintiffs failed to prove any of the ten allegations of fraud. The absence of evidence from the documents examiner and the absence of any report from the examiner means the allegations remain mere allegations.

Outcome

Dismissal of the suit with no orders as to costs