Nicholas Ireri Jacob & another v Njeru Karugano & another [2017] KEELC 2109 (KLR)
The bottom line
#The court cancelled a fraudulent land title and returned the property to its rightful clan-allocated owner, with costs against both defendants.
What this practically means
#Executive summary
#Key legal issues
#Rightful ownership of Title No. Kagaari/Gitare/T.160
The 2nd Plaintiff is the rightful owner; his name was misspelt as Muriithi Jacob instead of Miriti Jacob by the Lands Office
The court accepted the 2nd Plaintiff's evidence, corroborated by the clan register produced as exhibit P.2 and by PW 2, the Gicubu Clan secretary since 1960, who confirmed the plot was allocated to the 2nd Plaintiff as a child and that the 2nd Defendant's father was allocated land elsewhere. The Defendants' account - that the 2nd Defendant learned of his ownership 'from the blues' and that his father was unaware of any 1961 allocation - was found incredible, especially as the alleged ownership was never pleaded in the defence.
Whether the property was fraudulently acquired by the 1st Defendant and fraudulently transferred to the 2nd Defendant
Both the initial registration of the 1st Defendant and the subsequent 2001 gift transfer to the 2nd Defendant were dishonest and fraudulent
The green card showed the 1st Defendant as first registered owner on 14th July 1978 with no indication of any error on the register, and the 2001 transfer recorded consideration as a gift. The defence of Lands Office mistake was unsupported by any evidence from that office and was never pleaded. The court also discredited the 2nd Defendant, who admitted lying about his date of birth when obtaining his national ID card.
Legal principles established
#- Costs follow the event and a successful party should be awarded costs unless there is good reason to order otherwise
- If a Lands Office commits an error in registration, it is for that office to correct the error, not for a private citizen to transfer the property as a gift
Court orders
#- 1.Cancellation of Title No. KAGAARI/GITARE/T.160 in the name of the 2nd Defendant
- 2.Registration of the suit property in the name of the 2nd Plaintiff, John Miriti Jacob
- 3.Costs of the suit awarded to the 2nd Plaintiff, to be paid by the 1st and 2nd Defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (suit concerning title to land)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nicholas Ireri Jacob & another v Njeru Karugano & another [2017] KEELC 2109 (KLR)", Case Analysis (2017). E.L.C. Case No. 14 of 2017 (Formerly Kerugoya ELC No. 50 of 2012 & Embu HCC 134 of 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2109/eng@2017-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.