JOEL NDIRANGU NJARAMBA V. JAMES MWANGI KAMURU

JUDGMENT OF THE COURT

1. By a Plaint dated 22nd April, 2004, the appellant filed suit in the Senior Resident Magistrate’s Court at Nanyuki seeking a declaratory order that Plot No. A. 4 Majengo, also known as Plot No. Block 8/214 Nanyuki Municipality, was fraudulently transferred to a one Jane Wanjiru d/o Wangui and later to Elizabeth Wambui d/o Kamuru. The Appellant further sought a mandatory injunction against the defendants to restrain them from transferring the plot and seeking orders to hand over possession of the suit property to the appellant with all the developments thereon.

2. The trial magistrate upon hearing the parties entered judgment for the appellant. The respondent was aggrieved and he lodged an appeal to the High Court. The learned Judge of the High Court, (Sergon, J.), in a judgment dated 7th May, 2010, set aside the judgment of the trial court and substituted it with an order dismissing the suit filed by the appellant. In setting aside the judgment, the learned Judg…