Adukan Lodung Jenipher & another v Protus Imbala Rapando [2018] KEELC 1303 (KLR)
The bottom line
#A Kenyan land court cancelled a registered owner's title because he couldn't prove he actually bought the land, handing it to the deceased's family.
What this practically means
#Executive summary
#Key legal issues
#Indefeasibility of title under the Land Registration Act
A registered proprietor's title is prima facie absolute and indefeasible but may be challenged where acquired by fraud, misrepresentation to which the proprietor is party, illegally, unprocedurally or through a corrupt scheme
The court applied sections 24(a) and 26(1) of the Land Registration Act, holding that although the defendant is the registered owner of parcel 4387, the claim lay within the statutory exceptions to indefeasibility. Guided by the Elijah Makeri Nyangw'ra decision, the court found that the defendant's claim of purchase from the deceased was uncorroborated and that the deceased's family resided on and had beneficial interest in the land, so the title obtained was challengeable and was cancelled.
Whether the plaintiffs proved their claim on a balance of probabilities
The plaintiffs proved their case on a balance of probabilities and were entitled to cancellation of the defendant's title
The court found as undisputed that the late Godfrey Lushacka Kiragava bought 0.76 Ha of parcel 118, that the vendor died before transfer, and that in the succession distribution Godfrey was to receive parcel 4387. The defendant alleged an intervening sale to himself but produced only a sale agreement with no corroborating witnesses, and admitted the deceased's family lived on the land when he allegedly purchased it, undermining his claim.
Legal principles established
#- Registration vests absolute ownership, and a certificate of title is prima facie evidence of indefeasible ownership, challengeable only on fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme
Court orders
#- 1.Cancellation of the title deed issued to the defendant in respect of land parcel number Butsotso/Esumeyia/4387 and issuance of a new title deed for the same in favour of the plaintiffs
- 2.Costs of the suit to the plaintiffs
- Jurisdiction invoked
- Original jurisdiction under Article 162(2)(b) of the Constitution (Environment and Land Court); Land Registration Act cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adukan Lodung Jenipher & another v Protus Imbala Rapando [2018] KEELC 1303 (KLR)", Case Analysis (2018). ELC Case No. 167 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1303/eng@2018-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.