JAMES MWANGI GACHERU V. HEWAN INVESTMENTS LIMITED & ANOTHER

JUDGMENT

A. PLAINTIFF’S CLAIM: DEPRIVATION OF LANDED PROPERTY THROUGH FRAUDULENT TRANSFERS AND REGISTRATIONS

The plaintiff moved the Court by plaint dated 25^th January, 2007 and filed on 26^th January, 2007.

The plaintiff states in the pleadings that he was at all material times, and to-date, the duly registered and lawful owner and proprietor of all that parcel of land registered under the Registered Land Act (Cap. 300, Laws of Kenya) as Land Reference No. Galu/Kinondo/679 situate in Kwale District, Coast Province.

The plaintiff pleads that in December, 1993 he charged the suit property to Barclays Bank of Kenya, as collateral for a loan of Kshs. 6,500,000/= which was to be advanced as agreed. The original title to the suit property was left in the custody of the said bank, as part of the charge agreement.

The plaintiff states that in 2006 he conducted a Land Registry search on the suit property; and he was surprised to find documents purporting to show that in July, 2006 the said bank …