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ELCPartially AllowedNot stated in extract· [2015] KEELC 327 (KLR)
Peter Victor Mwaura Kung’u v Evangeline Wangeci & 5 others [2015] KEELC 327 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Nakuru land court cancelled a landowner's title and returned the parcel to the original owner after the landowner agreed it was fraudulently obtained.
What this practically means
#Executive summary
#This extract from a first-instance judgment of the Environment and Land Court at Nakuru, delivered by Munyao Sila J on 30 June 2015, records only the disposition. The plaintiff's case was that the defendants' titles to suit land were procured by fraud. In respect of parcel Njoro/Ngata Block 1/4688, registered in the name of Joseph Kigo Mwangi, the 4th defendant, the court noted that the 4th defendant raised no objection to the title reverting to the plaintiff. On that basis the court entered judgment for the plaintiff against the 4th defendant, ordered that title to the parcel revert to the plaintiff, and cancelled the 4th defendant's registration as proprietor. The court made no orders as to costs in respect of the suit against the 4th defendant. The extract does not disclose the outcome against the 1st, 2nd, 3rd, 5th and 6th defendants, the case number, the pleadings, the evidence, or any authorities relied upon. Counsel recorded in attendance were Mr Matiri for the plaintiff, Mr Biko for the 1st defendant, Mr Mburu for the 3rd and 6th defendants, and M/s R Ndubi for the 5th defendant; the 2nd defendant was absent. The judgment is a single opinion of Munyao Sila J.
Key legal issues
#01
Fraudulent acquisition of title to Njoro/Ngata Block 1/4688
Holding
Judgment entered for the plaintiff against the 4th defendant, whose title was cancelled and the land ordered to revert to the plaintiff.
Reasoning
The plaintiff pleaded that the defendants' titles were acquired by fraud. The 4th defendant, registered proprietor of Njoro/Ngata Block 1/4688, consented to the title reverting to the plaintiff. On that concession the court entered judgment, cancelled his registration and restored the title to the plaintiff, making no costs order.
p. 1
Legal principles established
#Court orders
#- 1.Judgment entered for the plaintiff against the 4th defendant
- 2.Title to land parcel Njoro/Ngata Block 1/4688 to revert to the plaintiff
- 3.Registration of Joseph Kigo Mwangi as proprietor cancelled
- 4.No orders as to costs in respect of the suit against the 4th defendant
- Jurisdiction invoked
- Not stated in extract (Environment and Land Court, Article 162(2)(b) jurisdiction presumed but not quoted)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Victor Mwaura Kung’u v Evangeline Wangeci & 5 others [2015] KEELC 327 (KLR)", Case Analysis (2015). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/327/eng@2015-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.