Alice Wanjiku Njoroge & another v Susan Wambui Kabuu & 3 others [2021] KEELC 2472 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Rectification of register for fraud or mistake
The title issued to the 1st Defendant on 28th August 2006 was a product of mistake or fraud, warranting rectification
The 1st Defendant never responded to the 1997 Letter of Offer nor paid any monies before the title issued. The land remained charged to the Settlement Fund Trustees with no discharge of charge. Her 2013 payment for discharge of charge was refused and refunded because the plot had been allocated to the Plaintiffs. Her claim to have paid fees when collecting the title was a fabrication.
Plaintiffs' proof of their case
Plaintiffs proved their case on a balance of probabilities
Evidence showed the Plaintiffs gathered, cleared, cultivated and developed the suit property, and were later allocated it by the Settlement office, which rejected the 1st Defendant's payment for discharge of charge. The 1st Defendant was found on Plot 1145 by the task force, not the suit property, undermining her claim of original occupation.
1st Defendant's credibility
The 1st Defendant's account contained contradictions and falsehoods
She asserted Plot 1145 belonged to her brother yet admitted in her statement requesting registration in her own name; she claimed to have paid fees before title issuance, yet the only recorded payment was after the title issued. Her claim of continuous occupation was contradicted by her own counterclaim seeking the Plaintiffs' eviction.
Legal principles established
#- A court may order rectification of the register where a registration was obtained, made or omitted by fraud or mistake, subject to protection of a proprietor in possession for value without knowledge of the fraud or mistake
Court orders
#- 1.Order of rectification of the register and registration of the Plaintiffs as proprietors of LR No. Lake Kenyatta/2786 as prayed in the Plaint
- 2.Dismissal of the 1st Defendant's Counterclaim
- 3.Plaintiffs awarded costs of both the suit and the Counterclaim
- Jurisdiction invoked
- Original jurisdiction under the Land Registration Act and Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alice Wanjiku Njoroge & another v Susan Wambui Kabuu & 3 others [2021] KEELC 2472 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2472/eng@2021-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.