Jolas Nicholas Manyasi v Benson Masini Timbwa [2018] KEELC 2438 (KLR)

The court applied sections 24(a) and 26(1) of the Land Registration Act, which vest absolute ownership in a registered proprietor and render the title indefeasible except on proof of fraud or misrepresentation to which the proprietor is a party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme. The plaintiff produced a sale agreement with John Teyie Indimuli, paid the balance, obtained land control board consent, executed the transfer and obtained title, and the defendant alleged no fraud proved against him. The claim that the defendant's long occupation defeated the title was rejected on the facts.

The defendant claimed he bought the land from John Teyieh Indimuli in 1993 for Ksh. 35,000 and had occupied it for over 12 years, thereby acquiring title by adverse possession. He further alleged the plaintiff's registration was fraudulent. The court did not accept that the defendant's occupation defeated the plaintiff's title; it found the plaintiff's ownership proved and not obtained by fraud, and treated the defendant as required to vacate. No separate adjudication of the adverse possession counterclaim is reflected in the final orders.

Although the plaintiff pleaded loss of reasonable income arising from the defendant's trespass and unlawful occupation, no evidence establishing the quantum or entitlement to mesne profits was accepted by the court. The court expressly found mesne profits unproved and declined to award them, while granting the declaratory, injunctive and eviction reliefs.