Lydia Wanjiku Nduba v Mary Wanjiku Kamau & 3 others [2005] KEHC 2886 (KLR)
- Court
- High Court of Kenya
- Case number
- 2886
- Citation
- [2005] KEHC 2886 (KLR)
- Decided
- 15 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a previous interlocutory judgementCoramJ. B. OJWANG
Holding
The court declares that the suit plot is the property of the plaintiff and orders the revocation of the title in the 1st defendant's name.
Facts
The plaintiff, Lydia Wanjiku Nduba, claimed that she was the legal owner of Plot No. Nairobi/Block 116/53, which was fraudulently transferred to her 1st defendant, Mary Wanjiru Kamau, in 2001.
Issues
- Ownership of the suit plot
- Fraudulent transfer of property
- Invalid registration of title
Reasoning
The plaintiff's evidence and documentary evidence clearly show that the transfer was fraudulent and in bad faith.
Outcome
Judgement in favour of the plaintiff
Orders
- Cancellation and revocation of the title to the suit plot in the 1st defendant's name
- Order for rectification of the register
- Joint and several costs of the suit
Remedies
- Recovery of the suit plot
- Rectification of the register
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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