LUCIA WAITHERA MAINA V JAMES GAKURE KAMAU [2010] KEHC 2211 (KLR)

Summary at a glance

Facts

In 1960s, the applicant and her late husband purchased shares with Ndeffo Company Limited. In 1983, her husband was issued with a share certificate and plot No.BAHATI/KABATINI BLOCK 1/1494 was allocated to him. The respondent began to claim the suit property, and the matter was referred to a chief who replaced the applicant's name with the respondent's. The applicant claims the suit property on the basis of a trust, while the respondent argues that he is the registered proprietor and the suit property has changed hands.

Issues

• Whether the applicant has a prima facie case for the suit property
• Whether the applicant can be awarded damages instead of an injunction

Reasoning

The court finds that the applicant has not demonstrated a prima facie case and that the applicant can be awarded damages. The court also considers the balance of convenience and finds that the applicant having disposed of the suit land and the purchaser not being properly brought in these proceedings tilts the scale of justice in favour of the respondent.

Outcome

Dismissed