Registered Trustees Full Gospel Churches Of Kenya v John Morwani Nyakundi, Fred Moraro Nyambega, Francis Moragu Alias Pastor Kariuki & Registered Trustees Redeemed Gospel Church Of Kenya (Civil Case 178 of 2006) [2013] KEHC 2162 (KLR) (27 September 2013) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2162
- Citation
- [2013] KEHC 2162 (KLR)
- Decided
- 27 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a decision of the Senior Resident Magistrate's Court at KerokaCoramHANA MUHON
Holding
The court finds that the plaintiffs purchased the suit property and that the registration of the property in the name of the 4th defendant was fraudulent.
Facts
The plaintiffs, Full Gospel Churches of Kenya, claim to have purchased the suit property. The 4th defendant, Registered Trustees Redeemed Gospel Church of Kenya, claims the property was purchased by them. The plaintiffs presented evidence from witnesses and a court judgment dismissing the 4th defendant's claim.
Issues
- Whether the plaintiffs purchased the suit property.
- Whether the registration of the suit property in the name of the 4th defendant was fraudulent.
Reasoning
The plaintiffs presented evidence of an agreement for sale and letters acknowledging receipt of payment. The court accepted this evidence and dismissed the 4th defendant's claim.
Outcome
The plaintiffs are entitled to the orders sought.
Orders
- The plaintiffs are entitled to the orders sought.
Remedies
- The plaintiffs are entitled to the orders sought.
Authorities cited
Cases cited (1)
- Senior Resident Magistrate's court at Keroka judgment of 16th December, 2005
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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