Sikempei Suyianga (suing as legal representative of the estate of Jeromani Kaise – deceased) v Mutunkei Ole Lesinko & 2 others [2019] KEELC 293 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Defendant was unlawfully and fraudulently registered as owner of the suit land
Yes. The deceased died in 1993, yet the 1st Defendant, a non-member of the Group Ranch, was registered as owner in 2008 in place of the deceased, without consulting the deceased's family.
The Plaintiff produced the Members' Register and Area List showing the deceased as member No. 55 allocated the suit land under the repealed Land (Group Representatives) Act. The 1st Defendant was not a member of the Group Ranch and offered no evidence, the suit being undefended. The court associated itself with authority requiring a proprietor whose root of title is challenged to prove legality of acquisition. No proper evidence of legality was shown.
Whether the register should be rectified by cancelling the 1st Defendant's title
Yes. Rectification is warranted under section 143 of the repealed Registered Land Act and section 80 of the Land Registration Act since the registration was obtained by fraud or mistake.
The court applied the rectification provisions of both the repealed Registered Land Act (in force at the time of registration) and the Land Registration Act. The 1st Defendant's title was found to have been illegally and unprocedurally obtained, and he did not qualify for protection as a proprietor in possession for value without knowledge of the fraud, having adduced no evidence.
Whether the 1st Defendant should be evicted from the suit land
Yes, but with notice of a minimum of three months (90 days) before eviction.
Having found the 1st Defendant's title cancelled, he is not entitled to the protection of the law and must vacate. However, the court tempered the relief by granting him a minimum of three months' notice before eviction.
Legal principles established
#- When a registered proprietor's root of title is challenged, it is not sufficient to dangle the instrument of title as proof of ownership; the proprietor must prove the legality of how the title was acquired
- A court may order rectification of the register where a registration was obtained, made or omitted by fraud or mistake
Court orders
#- 1.A declaration that Jeromani Kaise (deceased) is the owner of Land Parcel No. Kajiado/Lorngusua/184 and that the registration of Mutunkei Ole Lesinko is null and void
- 2.An order directing the Land Registrar Kajiado to rectify the register in respect of Kajiado/Lorngusua/184 by deleting the name of Mutunkei Ole Lesinko and inserting the name of Jeromani Kaise (deceased)
- 3.Eviction orders to issue after 90 days from the date of the judgment against the 1st Defendant from Kajiado/Lorngusua/184
- 4.Costs of the suit awarded to the Plaintiff, to be borne by the 1st and 2nd Defendants only
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (land and environment disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sikempei Suyianga (suing as legal representative of the estate of Jeromani Kaise – deceased) v Mutunkei Ole Lesinko & 2 others [2019] KEELC 293 (KLR)", Case Analysis (2019). ELC Case No. 80 of 2018 (Formerly Nairobi ELC No. 1340 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/293/eng@2019-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.