Solomon K. Songok v Susan Jepkosgei [2014] KEELC 73 (KLR)
The bottom line
#Kenya's Environment and Land Court cancelled a land title obtained fraudulently, confirming a title acquired illegally can be taken away.
What this practically means
#Executive summary
#Key legal issues
#Validity of the defendant's lease over the suit land
The defendant's lease was illegally and unprocedurally obtained and was cancelled
The plaintiff proved an allotment from the Municipal Council of Eldoret in 1986, payment of the consideration and rates, and development on the plot. The County Government's records recognized only the plaintiff as allottee, with no record of any lease to the defendant. The defendant, though served, never entered appearance or tendered any evidence explaining her acquisition of title. The court therefore concluded her title could only have arisen from fraud, illegality, unprocedural acquisition or a corrupt scheme, making it liable to cancellation under Section 26 of the Land Registration Act.
Entitlement of the plaintiff to be registered as lessee
The plaintiff was held to be the legitimate proprietor and a lease was directed to be drawn and registered in his favour
The evidence of PW-2, the County Legal Officer who produced the original file, confirmed that the plaintiff was the allottee and holder of the allotment letter. PW-3, the County Land Registrar, explained that the lease in the register was one prepared by the Municipal Council as lessor. With no contrary evidence, the court accepted the plaintiff's uncontroverted testimony and directed the County Government of Uasin Gishu to draw a lease in his favour, the Land Registrar to register it, register him as lessee, and issue a Certificate of Lease.
Legal principles established
#- A title acquired illegally, unprocedurally or through a corrupt scheme, or through fraud or misrepresentation to which the holder is a party, is not indefeasible and is liable to cancellation under Section 26 of the Land Registration Act
- A defendant who produces no evidence to demonstrate how title was obtained, against uncontroverted evidence of the true allottee, risks cancellation of that title
Court orders
#- 1.Cancellation of the lease purportedly issued to the defendant
- 2.Cancellation of the defendant's leasehold title over the suit land
- 3.Direction to the County Government of Uasin Gishu to draw a lease in favour of the plaintiff
- 4.Direction to the Land Registrar Uasin Gishu County to register such lease, register the plaintiff as lessee of the suit land, and issue the plaintiff with a Certificate of Lease
- 5.The defendant to bear the costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the suit land; Land Registration Act, Act No. 3 of 2012, Section 26
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Athman Said Jiro v Mbwana Mwachalika Mwakisua [2019] KEELC 1023 (KLR)[2019] KEELC 1023 (KLR)24 Oct 2019
- Munyao Sila & another v County Government of Kakamega & another [2019] KEELC 1657 (KLR)[2019] KEELC 1657 (KLR)25 Sept 2019
- Richard Gitau Muguro v Benson Macharia Wandungo & 2 others [2017] KEELC 1038 (KLR)[2017] KEELC 1038 (KLR)16 Nov 2017
Cite this brief
#Cite this brief
Caselaw, "Solomon K. Songok v Susan Jepkosgei [2014] KEELC 73 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/73/eng@2014-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.