Administrators of the Estate of the Late John Kiondo Kahuhu v District Lands Registrar, Kiambu [2017] KEELC 1485 (KLR)
The bottom line
#A Kiambu court corrected a 55-year-old land title, confirming Kenyan land registries can fix misspelt names and missing ownership shares even on old titles.
What this practically means
#Executive summary
#Key legal issues
#Rectification of the register for misspelt names of registered proprietors
The misspelling of the proprietors' names is a mistake capable of rectification under Section 80(1) of the Land Registration Act, proved on a balance of probabilities.
The certificate of freehold title and Green Card recorded the proprietors as 'Muriu Kabiro' and 'John Kiondo Kahoho' instead of 'Muniu Kabiro' and 'John Kiondo Kahuhu'. The Respondent, though served, did not enter appearance or oppose the Originating Summons. The court found the allegations unopposed and established, and held that Section 80(1) permits rectification of the register where an entry was made by mistake.
Rectification to record tenancy in common and the shares of each proprietor
The omission of the shares held by the proprietors in common is a rectifiable omission; the shares are as agreed in clause 2 of the acknowledgement of ownership: 10.2 acres for Muniu Kabiro and 2.5 acres for John Kiondo Kahuhu.
The Green Card indicated the proprietors held the land as proprietors in common but did not state each share. A settlement agreement between the family of Muniu Kabiro and John Kiondo Kahuhu, contained in an acknowledgement of ownership, set out the shares as 10.2 acres and 2.5 acres respectively. That settlement was unobjected to, and the court adopted it as the agreed shares of the proprietors in common.
Legal principles established
#- Where fraud or mistake is proved, even a first registration is liable to rectification or cancellation under the Land Registration Act
- The mistake referred to under Section 80(1) includes both a typographical slip and a substantive mistake such as registration of a wrong or erroneous name
Court orders
#- 1.Judgment entered for the Applicants, as legal administrators of the estate of John Kiondo Kahuhu, in terms of prayers 1, 2, 3 and 4 of the Originating Summons
- 2.The Director of the Criminal Investigations Department of the Kenya Police to release the original certificate of freehold title for Githunguri/Gathangari/142 to the District Lands Registrar, Kiambu
- 3.The District Lands Registrar, Kiambu to rectify the certificate of freehold title to correct the names to 'Muniu Kabiro' and 'John Kiondo Kahuhu' and to indicate ownership as tenants in common in shares of 10.2 acres (Muniu Kabiro) and 2.5 acres (John Kiondo Kahuhu)
- 4.The District Lands Registrar, Kiambu to rectify all relevant entries in the Kiambu District Land Register accordingly and to issue afresh the certificate of freehold title with the rectifications
- 5.Costs of the Originating Summons to be in the cause
- Jurisdiction invoked
- Section 80(1) of the Land Registration Act, No. 3 of 2012; Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Administrators of the Estate of the Late John Kiondo Kahuhu v District Lands Registrar, Kiambu [2017] KEELC 1485 (KLR)", Case Analysis (2017). ELC No. 25 of 2017 (OS) (formerly Nairobi ELC 384 of 2012 (OS)). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1485/eng@2017-10-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.