Saleh Ng'ang'a v Manoah Shiyai Agambera & another [2006] KEHC 2379 (KLR)

Facts

The plaintiff, Saleh Ng'ang'a, claimed that his mother Grace Waruguru Ng'ang'a purchased shares in the second defendant, Mangu Enterprises Limited, in his name between 1973 and 1976. The second defendant fraudulently transferred the plot known as KAMBI YA MOTO/MENENGAI BLOCK 1/360 to the first defendant, Manoah Shiyai Agambera, without the plaintiff's consent. The plaintiff sought an order to cancel the title deed in the first defendant's name and issue a new one in his name.

Issues

1. Was the plaintiff's mother Grace Waruguru Ng'ang'a the rightful owner of the shares?
2. Was the first defendant Manoah Shiyai Agambera the registered proprietor of the suit premises?

Reasoning

The plaintiff failed to prove that the first defendant was a share holder in the second defendant, and the evidence presented by the plaintiff was not credible.

Outcome

Dismissed the plaintiff's suit with costs to the first defendant.