EDWARD KHAEMBA MULONGO & ANOTHER V JOSEPH WANGOMBE NGATIA & 3 OTHERS [2009] KEHC 2289 (KLR)
- Court
- High Court of Kenya
- Case number
- 2289
- Citation
- [2009] KEHC 2289 (KLR)
- Decided
- 23 July 2009
The court held that the transaction was not fraudulent and therefore not null and void.
Facts
The plaintiffs are administrators of the estate of Gladys Wanjala Mulongo. The late Gladys is said to have owned property known as LR. No.16067 and 16068 in Nairobi. The property was sold to the 1st defendant, Joseph Wangombe Ngatia, who then sold it to the 2nd and 3rd defendants, Stephen Kamiri Nganga and Daniel Kabuhi Nganga. The plaintiffs allege the transaction was fraudulent.
Issues
- Whether the transaction was fraudulent and therefore null and void.
- Whether there should be an injunction against the 2nd and 3rd defendants to restrain them from dealing with the suit property.
Reasoning
The court found that the evidence on record shows that the late Gladys Wanjala executed a transfer in favor of the 1st defendant, Joseph Wangombe Ngatia on 12th January 2005. The court believed the matter could be resolved on the facts disclosed in the pleadings and affidavits.
Outcome
The appeal was dismissed.
Orders
- A temporary order against the 2nd and 3rd defendants pending the hearing inter-partes of the said application was granted by Okwengu J on 5th August 2007.
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