Patrick Kimutai Kiprono v Erick Kipkurgat Kiprono [2019] KEELC 3004 (KLR)
The bottom line
#The Eldoret Environment and Land Court confirmed that land registered in one brother's name can actually belong to both, where a written sale agreement shows one party held it in trust.
What this practically means
#Executive summary
#Key legal issues
#Existence of a trust over 5 acres of the suit land
The plaintiff established a trust; the defendant was acting on his own behalf and on behalf of the plaintiff under the agreement of sale dated 21.12.2000
The plaintiff and his witnesses, including the attesting advocate and the purchaser's advocate, testified that the land was bought for the benefit of both parties and that the plaintiff's name appeared in the schedule to the agreement as entitled to 5 acres. This evidence was not challenged on cross-examination. The court found it crystal clear that the defendant was acting on his own behalf and as agent for the plaintiff, and equity abhors unjust enrichment.
Validity of the contract dated 21.12.2000
The contract was valid, having been executed by both parties, in writing, and attested by an advocate
The court found the agreement met the requirements of a valid written contract attested by an advocate of the High Court of Kenya. It further held that Land Control Board consent was not necessary as between the plaintiff and the defendant, but only between the defendant and Lonrho Agribusiness (EA) Ltd, and that whether such consent was obtained in that transaction was not before the court.
Whether the claim was statute barred
The suit was not time barred; twelve years had not lapsed from registration on 6.9.2002, and in any event time ran from the defendant's repudiation in mid-2005
The defendant was registered as proprietor on 6.9.2002 and the suit was filed before twelve years elapsed. Additionally, time began running when the defendant refused to give the plaintiff his share, which occurred in mid-2005 when the plaintiff deposited building materials and the defendant became hostile. The suit filed in 2013 was therefore within time.
Legal principles established
#- Unjust enrichment occurs when one person is enriched at the expense of another in circumstances the law sees as unjust, and the law imposes restitutionary obligations on the recipient
- A contract attested by an advocate of the High Court of Kenya and in writing satisfies the formalities between the parties
- Limitation time runs from the date the trustee repudiated the trust, not merely from registration
Court orders
#- 1.Declaration that the defendant holds 5 acres of land comprised in Title No. PIONEER/NGERIA/BLOCK 1 (EATEC) 1426 on trust for the plaintiff and the remaining 5 acres on trust for himself
- 2.Declaration that by virtue of the special conditions of the agreement of sale dated 21.12.2000, 5 acres of the suit land belongs to the plaintiff and the defendant do convey and/or transfer the same to the plaintiff
- 3.Declaration that the said trust be brought to an end
- 4.Order directing the Surveyor, Uasin Gishu County to subdivide the land and issue fresh title deeds of approximately 5 acres each in the names of the plaintiff and the defendant
- 5.Order directing the County Land Registrar, Uasin Gishu County to rectify the register to reflect the new acreage/changes
- 6.Order compelling the defendant to sign/execute all conveyancing documents to effect transfer of 5 acres to the plaintiff, and in default the Deputy Registrar to sign the requisite documents
- 7.No order as to costs
- Jurisdiction invoked
- Original civil suit for declaration of trust and related land reliefs (Environment and Land Court); specific provision not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Kimutai Kiprono v Erick Kipkurgat Kiprono [2019] KEELC 3004 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3004/eng@2019-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.