George Ouma Okoth v Stephen Kiriba Kinoro; Charles Murathe Kibira & another (Interested Parties) [2019] KEELC 1542 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to transfer a Nairobi property because the 'seller' had died eight years before the sale agreement was signed.
What this practically means
#Executive summary
#Key legal issues
#Existence of a valid sale agreement between the plaintiff and the defendant (deceased)
No valid sale agreement existed; the vendor's signature on the agreement was a forgery since he died over eight years before its purported execution
The court compared the certificate of death showing the defendant died on 14th February 2006 with the sale agreement executed on 17th May 2014, and the certificate of confirmation of grant distributing the estate. It concluded the defendant could not have executed the agreement and that his signature was a forgery.
Proof of payment of the purchase price
The plaintiff failed to prove that the purchase price was actually paid
Although the plaintiff claimed to have paid Kshs.5 million, the court found no evidence confirming that money actually exchanged hands, undermining the claim of a completed sale entitling him to a vesting order.
Entitlement to a vesting order under Order 37 rule 3
The plaintiff was not entitled to a vesting order as he failed to prove his case against the interested parties
Order 37 rule 3 permits a vendor or purchaser to seek determination of questions arising out of a contract of sale, but since the alleged contract was a forgery and the vendor was deceased with his estate duly distributed to beneficiaries, no vesting order could issue against the estate.
Legal principles established
#- A vesting order cannot issue where the alleged vendor was deceased at the time of the purported sale and the sale agreement appears to be a forgery
Court orders
#- 1.The originating summons dated 9th September 2016 is dismissed with costs to the 1st and 2nd interested parties
- Jurisdiction invoked
- Order 37 rule 3 of the Civil Procedure Rules and Section 3 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Ouma Okoth v Stephen Kiriba Kinoro; Charles Murathe Kibira & another (Interested Parties) [2019] KEELC 1542 (KLR)", Case Analysis (2019). ELC Civil Case No. 1113 of 2016 (OS). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1542/eng@2019-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.