Rael Jebet Tanui (Suing as the Administrator of the Estate of the Late Kaptigei Chemwor & 40 others) v Susan Cherubet Chelugui & 5 others [2022] KEELC 344 (KLR)
The bottom line
#The Environment and Land Court dismissed a decades-old family land claim because fraud was never specifically pleaded and proved.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs proved fraud in the acquisition of the suit titles
Fraud was not proved; the conversion and subdivision process was lawful per the Court of Appeal
The court found the Land Registrar's evidence credible that Block 15/1 was lawfully created and subdivided into Blocks 15/237, 238 and 239, with leases duly registered. Allegations of fraud were neither distinctly proved nor supported by evidence, and the Court of Appeal had already upheld the lawfulness of the surrender of LR 10492. The fraudulent-conduct standard requires distinct proof, not inference.
Whether the 2nd to 41st plaintiffs were bona fide purchasers for value
They were not, because their vendor had no title to pass
The purchasers bought from the 1st plaintiff, who held no registered or provable interest in the suit parcels. Due diligence would have revealed the registered proprietors. Their agreements did not even identify the parcels purchased, and the court declined to act on speculation.
Whether the 3rd defendant's counterclaim for eviction succeeds
It succeeds; the 3rd defendant was a bona fide purchaser for value without notice
The 3rd defendant produced sale agreements, a certificate of lease, payment receipts, and evidence of continued payment of rent and rates for 25 years. Title traced from Stanley Metto through lawful registration. The 2nd to 41st plaintiffs occupying Block 15/1816 were accordingly trespassers liable to eviction.
Legal principles established
#- A purchaser claiming a purchaser's interest must show sufficient due diligence before the transaction
- Fraud must be distinctly alleged and distinctly proved and cannot be inferred from facts
- One cannot pass good title to land which one does not own
Court orders
#- 1.Plaintiffs' suit dismissed with costs
- 2.Declaration that the 2nd to 41st plaintiffs are trespassers on L.R No. Eldoret Municipality Block 15/1816
- 3.2nd to 41st plaintiffs ordered to vacate within 60 days, failing which eviction to issue
- 4.3rd defendant's counterclaim allowed
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (land dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rael Jebet Tanui (Suing as the Administrator of the Estate of the Late Kaptigei Chemwor & 40 others) v Susan Cherubet Chelugui & 5 others [2022] KEELC 344 (KLR)", Case Analysis (2022). Land Suit E & L No. 404 of 2013 (Formerly Civil Case No. 80 of 1988). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/344/eng@2022-03-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.