Esther Wambui Kimari v John Kariuki Kiiru [2012] KEHC 2470 (KLR)

Facts

The plaintiff, Esther Wambui Kimari, filed a suit against the defendant, John Kariuki Kiiru, on August 9, 2005. The plaintiff sought an order restraining the defendant from interfering with her possession of land portions c and d, a mutation from number 085-621 dated December 24, 2009, in respect of land title No. Dagoretti/Kangemi/46. The plaintiff also sought a declaration that she is legally entitled to the land portions and an order compelling the defendant to apply for and obtain title documents for the land portions and effect transfers to the plaintiff.

Issues

1. Restraining order against the defendant
2. Declaration of legal entitlement to land portions
3. Compelling the defendant to apply for and obtain title documents
4. Transfers of land portions

Reasoning

The court found that the plaintiff did not provide evidence to support her claims and that the defendant had not sold the land to the plaintiff.

Outcome

Dismissed