Daniel Kamau Kiarie v Thome Farmers Company No.1 Limited [2017] KEELC 1518 (KLR)
The bottom line
#A Nairobi court confirmed two men jointly own a Thome Farmers plot and ordered the company to correct its register after their names were illegally swapped.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff and Harrison Mwicharo Githogori are joint owners of the share and Plot No. 39
Yes - the share certificate No. 1121 and the extract of the register of members proved joint ownership, corroborated by the deceased's legal representative
The plaintiff produced Share Certificate No. 1121 dated 19th June 1987 in the names of Kamau Kiarie and Harrison Githogori and an extract of the register of members listing both against Plot No. 39. This evidence was uncontroverted, the defendant having not entered appearance, and was corroborated by Mary Nyokabi Githogori, the legal representative of the deceased co-shareholder. The court thus found joint ownership established on the documents.
Whether the register of members should be rectified by removing Solomon M. Wokogi's name
Yes - the alteration of the register was unexplained, illegal and unprocedural, justifying rectification
No evidence was adduced giving any reason or legal basis for the removal of Harrison Githogori's name and the insertion of Solomon M. Wokogi's name in the register of members. Relying on the summary rectification powers recognised in the Prab Hulal Tejpa Haria case, the court held this was a plain and clear case warranting rectification, as the true owners were being deprived of their property while Wokogi remained on the register.
Legal principles established
#- The summary powers of the Court in rectifying a member register can be invoked in plain and clear cases
Court orders
#- 1.A declaration that Thome Farmers Co. (No.1) Limited plot No. 39 situated in Thome area within Nairobi County is jointly owned by the Plaintiff and Harrison Mwicharo Githogori vide Share Certificate No. 1121 dated 19th June 1987
- 2.An order that the Defendant Company, either by itself or through its Advocate or agent Dorcas Nanjero, rectify the Company register of the plots in their custody by removing the name of Solomon M. Wokogi and reinstating the names of Harrison Mwicharo Githogori and Daniel Kamau Kiarie as joint owners of the said plot as per the original register
- 3.No orders as to costs
- Jurisdiction invoked
- Original civil jurisdiction over the suit by plaint; rectification of the company register of members
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Kamau Kiarie v Thome Farmers Company No.1 Limited [2017] KEELC 1518 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1518/eng@2017-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.