ESTHER JEMINDIL KETER V SALINA JESANG KASI [2013] KEHC 4746 (KLR)
- Court
- High Court of Kenya
- Case number
- 4746
- Citation
- [2013] KEHC 4746 (KLR)
- Decided
- 27 February 2013
The application for injunction is dismissed. The plaintiff's case is based on fraud, but there is no evidence of forged documents. The court finds that the plaintiff has not met the standard of proof for fraud.
Facts
Benjamin Kiptanui Keter purchased land parcel Nandi Koibarak B/252 in 1966 and it was registered in his name on 20.7.2004. Defendant, Salina Jesang Kasi, is the daughter-in-law of the deceased and claims to be the registered owner of the land since 2006. Plaintiff, Esther Jemindil Keter, alleges fraud by the defendant in obtaining the registration.
Issues
- Whether the plaintiff has established a prima facie case of fraud.
- Whether the balance of convenience favors the issuance of an injunction.
Reasoning
The plaintiff's claim of fraud is based on allegations of forged documents, but no such documents were presented. The standard of proof for fraud is higher than the balance of probabilities.
Outcome
Appeal dismissed
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