Alexander Philip Likami v Christopher Mangweli Likono [2021] KEELC 3812 (KLR)
The bottom line
#A Kenyan court cancelled a land title bought in good faith because the subdivision behind it was fraudulent — buyers must verify the seller's title chain.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellant's title was protected under sections 24 and 26 of the Land Registration Act
No - although the appellant may be a bona fide purchaser, the process of acquiring his title was irregular and the subdivision was obtained by fraud and misrepresentation, bringing it within the statutory exceptions to indefeasibility
The court found that the parent parcel Isukha/Shitochi/1329 had already been subdivided on 29 October 1996, before the sale agreement of 6 November 1996, so the parcel sold did not exist at the time. No mutation forms were produced and no evidence showed how Mulama Mmboyi acquired title to enable the onward sale. The irregular process fell within section 26(1) exceptions.
Whether the trial magistrate's findings of fact should be disturbed on appeal
No - the trial court's decision was judiciously arrived at and there was no basis to interfere
Applying Mwanasokoni v Kenya Bus Service, the court revisited the evidence but noted that findings of fact are not disturbed unless based on no evidence, misapprehension of evidence or wrong principles. The court agreed with the trial magistrate that the resultant titles were tainted and the process must commence afresh.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, subject to challenge only on grounds of fraud or misrepresentation to which the proprietor is a party, or where the title was acquired illegally, unprocedurally or through a corrupt scheme
- An appellate court will not ordinarily interfere with findings of fact of a trial court unless based on no evidence, misapprehension of evidence, or wrong principles
Court orders
#- 1.The appeal is dismissed with no orders as to costs
- On appeal from
- Senior Resident Magistrate's Court at Kakamega
- Kakamega MCE & L Case No. 51 of 2019
- Jurisdiction invoked
- First appeal to the Environment and Land Court against the judgment of the Senior Resident Magistrate
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alexander Philip Likami v Christopher Mangweli Likono [2021] KEELC 3812 (KLR)", Case Analysis (2021). ELCA Case No. 18 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3812/eng@2021-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.