Lucy Nchebeere v Rose Ndululu Musee [2015] KEHC 7385 (KLR)

Facts

The Plaintiff, Lucy Nchebeere, claimed that she and her late sister were allotted a parcel of land known as Plot No. 90 Athi River by way of a Letter of Allotment dated 3rd December 1994. She alleged that the Defendant, Rose Ndululu Musee, fraudulently obtained the land by colluding with her workmates in the Ministry of Lands. The Plaintiff sought an injunction to prevent the Defendant from interfering with the land pending the hearing of the main suit.

Issues

1. Whether the Plaintiff has a genuine and arguable case to establish that she is the rightful owner of the land
2. Whether the Plaintiff has complied with the conditions laid out in the Letter of Allotment

Reasoning

The Court ruled that the Plaintiff did not prove fraud by the Defendant in obtaining her title document over the suit property. The Plaintiff also did not satisfy the conditions laid out in her letter of allotment.

Outcome

Application dismissed

Authorities cited