LAWRENCE P. MUKIRI MUNGAI, ATTORNEY OF FRANCIS MUROKI MWAURA
V.
ATTORNEY GENERAL & 4 OTHERS

JUDGMENT OF THE COURT

INTRODUCTION

1. The substantive issue for determination in this appeal is whether an innocent purchaser for value can acquire a good title over a parcel of land from a person who had fraudulently acquired title over the land and thereby defeat the claim by the original owner of the property in issue. The learned trial judge held that the 3^rd, 4^th and 5^th respondents’ title over a parcel of land known as L.R. Ruiru/Ruiru 7/13 (the suit property) was valid, notwithstanding the fact that the 2^nd respondent who sold and transferred title to the suit property to them had acquired suit property fraudulently.

PLEADINGS BEFORE ENVIRONMENT and LAND COURT

2. In his amended plaint dated 18^th August, 2008, the appellant, as the lawful attorney of Professor Francis Muroki Mwaura, (Mwaura) sought a declaration that Mwaura is the registered owner of the suit property; cancellation of the title document issued to the 3^rd, 4^th and 5^th respondents; reinstatement of Mwaura as the right…