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ELCDismissed· [2020] KEELC 3033 (KLR)

Sondhi Aase Jorid Ranjit Sondhi (The legal Representative of the Estate of Deceased) Aase Jorid Sondhi v Denman Properties Limited & 2 others [2020] KEELC 3033 (KLR)

Environment and Land Court
29 April 2020
2,227 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiff, as legal representative of the estate of Aase Jorid Sondhi (the original plaintiff, who died on 22nd August 2015), sought a declaration that the deceased's 1980 Certificate of Title over Plot No. Kilifi/Jimba/342 conferred absolute proprietorship, cancellation of the title issued to Denman Properties Ltd in 2006, deletion of Register Entries Nos. 6 and 7, and a permanent injunction. He alleged that the 2nd Defendant fraudulently registered the 1st Defendant without the deceased's knowledge or authority. The 1st Defendant maintained it purchased the land for Kshs 6,175,000 from the registered owner, Ali Mohamed Ali, after an official search; the Land Registrar (DW2) confirmed from the records that the parcel file and Green Card were reconstructed in 1986 with the Government as proprietor, the land was re-allocated in 2000 to Sidi/Said Kaingu Kibarua, sold to Ali Mohamed Ali, then transferred to the 1st Defendant on 23rd August 2006. Applying the principle in Kuria Kiarie v Sammy Mangera that fraud must be distinctly pleaded and proved, the court found no fraud or collusion, held that the 1st Defendant was an innocent purchaser for value without notice after due diligence, and noted the Plaintiff had taken no possession or action for nearly 30 years. The suit was dismissed with costs to the Defendants.

Key legal issues

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01

Whether the 1st Defendant's title was procured by fraud and collusion

Holding

No fraud or collusion was proved; the 1st Defendant conducted due diligence and purchased from the registered owner for value without notice

Reasoning

The Registrar's records showed the parcel file and Green Card were reconstructed in 1986 with the Government as proprietor, then allocated to Sidi/Said Kaingu Kibarua, sold to Ali Mohamed Ali, then to the 1st Defendant in 2006 after an official search. The Plaintiff's name had not appeared on the Green Card since 1986, and the Plaintiff never took possession. Fraud must be distinctly alleged and proved; the Plaintiff failed to discharge that burden.

p. 3
02

Whether the Plaintiff proved his case to the required standard

Holding

The Plaintiff failed to prove the suit to the required standard and the suit was dismissed

Reasoning

Although the Plaintiff held a 1980 title, the evidence showed the Government had recalled and reconstructed the adjudication records, re-allocating the land. The Plaintiff took no action for nearly 30 years and never took possession. The 1st Defendant, an innocent purchaser for value, had erected a wall and guard house. Consequently, the declaratory, cancellation and injunctive reliefs all failed.

p. 4

Legal principles established

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  • Fraud must be specifically pleaded with particulars on the face of the pleadings, and fraudulent conduct must be distinctly alleged and distinctly proved; it cannot be inferred from the facts
  • A purchaser who conducts due diligence including an official search and buys from the registered owner for value without notice is an innocent purchaser for value whose title will be protected

Court orders

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  1. 1.The suit is dismissed with costs to the Defendants

Authorities

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Cases cited (1)

  • Kuria Kiarie & 2 Others –vs– Sammy Mangera
    (2018) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over title to land (Plot No. Kilifi/Jimba/342); specific provision not stated in judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sondhi Aase Jorid Ranjit Sondhi (The legal Representative of the Estate of Deceased) Aase Jorid Sondhi v Denman Properties Limited & 2 others [2020] KEELC 3033 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3033/eng@2020-04-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.