Willis Gitau Njoroge v Monica Wanjiru Gachie & another [2019] KEELC 688 (KLR)

The plaintiff proved allocation by Nyandarua Teachers Housing Co-operative Society and issuance of title in 1999, and still held the original title deed. The registrar could not produce any documentation supporting the subsequent transfers, including the mandatory land control board consent and surrendered originals, and conceded a transfer could not validly occur without the original title being surrendered. The 1st defendant never traced how her vendor acquired title.

Applying the Katende test, the court found the purchase exhibited hallmarks of fraud: same-day payment in cash of the full price against an agreement providing for bank transfer, registration two days later, failure to investigate the vendor's title, knowledge of the plaintiff's claim after purchase but proceeding with construction, and refusal to involve the vendor in police investigations. Her conduct fell within the 'potato dealer in Wakulima market' description of a careless investor.

While courts must accept certificates of title as prima facie proof of ownership, Section 26 permits challenge on the ground of fraud or misrepresentation to which the proprietor is party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme. Unsupported register entries attract prima facie illegality, and the 2nd defendant (registrar) was at fault for introducing and maintaining such entries.