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ELCDismissedOriginating Summons dated 10th August 2015· [2017] KEELC 3089 (KLR)

George Miringu Gichu v Mary Wambui Tobias & another [2017] KEELC 3089 (KLR)

Environment and Land Court
31 March 2017
MGMARY M. GITUMBI
503 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A seller cannot sue to confirm a buyer's land ownership in Kenya; the court dismissed the suit because the buyer should have filed it herself.

What this practically means

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Executive summary

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The suit was commenced by Originating Summons dated 10th August 2015 in which the Applicant, George Miringu Gichu, chairman and founding member of Fourbro Enterprises, sought a declaration that Plot No. W1166 in Dandora, Embakasi, belonged to Hannah Wambui Wanjiru, who had purchased it from Fourbro Enterprises. The Applicant averred that Fourbro Enterprises bought the plot from Nyumba Moja Women Group in November 1996, resolved to sell it in 2012, and sold it to Hannah Wambui Wanjiru on 23rd June 2015 for Kshs. 250,000/-, evidenced by a sale agreement. After transfer and when the purchaser began development, the 2nd Respondent restrained her, claiming ownership, without producing any supporting documents. None of the Respondents entered appearance or filed a defence, and interlocutory judgment was entered against them on 26th October 2015. The matter proceeded to formal proof on 18th May 2016, at which the Applicant was the sole witness. He clarified that Hannah Wambui Wanjiru was in possession of the plot but was not involved in the suit and was not represented by the Applicant. The court questioned why the Applicant, having already sold and transferred the property, had filed the suit at all, holding that the purchaser herself should have brought it. Finding that the Applicant lacked locus standi to file or prosecute the suit, the court dismissed the suit with no order as to costs on 31st March 2017.

Key legal issues

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01

Locus standi of the Applicant to prosecute the suit

Holding

The Applicant lacked locus standi because he had already sold and transferred the suit property to Hannah Wambui Wanjiru, who was not party to or represented in the suit

Reasoning

The Applicant testified that Fourbro Enterprises sold the suit property to Hannah Wambui Wanjiru for Kshs. 250,000/-, that the transfer was effected, and that she is in possession. The Applicant does not represent her and she is not involved in the suit. The court held that the true owner should have filed the suit, not the seller. Consequently the declaration sought could not issue.

p. 3

Legal principles established

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  • A party who has transferred the suit property to a purchaser, and no longer represents the purchaser, lacks locus standi to prosecute a suit seeking declaration of the purchaser's ownership

Court orders

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  1. 1.Suit dismissed
  2. 2.No order as to costs
Jurisdiction invoked
not stated

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "George Miringu Gichu v Mary Wambui Tobias & another [2017] KEELC 3089 (KLR)", Case Analysis (2017). Originating Summons dated 10th August 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3089/eng@2017-03-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.