Catholic Diocese of Nakuru, Registered Trustees v Lessonet & 4 others; Equity Bank Limited (Interested Party) (Environment & Land Case 12 of 2019) [2023] KEELC 584 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Availability for allocation of land reserved for a specific purpose
Land reserved for Catholic staff residential houses could not be allocated to the 1st defendant; the title obtained over it was fraudulent and a nullity.
The court found the plaintiff was allotted an unsurveyed plot in 1978, accepted the allotment and paid the requisite fee. Approved plans of 1979 and a 1992 PDP consistently showed the land reserved for Catholic staff houses, and no other PDP existed. Following Chemey Investments and Nelson Kazungu Chai, once land is reserved for a purpose it is not available for re-allocation, and allocation by the Commissioner without authority is a nullity.
Validity of the charge held by the interested party
The interested party could not claim a valid charge over the suit property since the 1st defendant's underlying title was fraudulently obtained.
Applying Alice Chemutai Too, where a title advanced as loan security is tainted with fraud, the chargee bears the onus of challenging the claim of fraud and, failing that, no valid title capable of conveying a legal interest exists. The 1st defendant's title was carved from reserved land, so the Kshs 4,000,000 charge securing Joshua Cheburet Kiptum's loan conveyed no realizable security.
Legal principles established
#- Once land is reserved for a particular purpose, it is not available for re-allocation
- An action taken by the Commissioner of Lands without legal authority is a nullity
- A charge over land whose title was fraudulently acquired conveys no legal interest capable of being realized as security
Court orders
#- 1.Declaration that the plaintiff is the legal allottee of plot No 498/311 now Eldama Ravine Township Block 1/199
- 2.Compelling the 3rd defendant to cancel the certificate of lease issued to the 1st defendant for the suit property
- 3.Declaration that the allocation, transfer, registration and issuance of title over LR No Eldama Ravine Township Block 1/199 to the 1st defendant is null and void ab initio and was acquired unlawfully
- 4.Cancellation of the title issued in the name of the 1st defendant and entries made in the register
- 5.Compelling the 3rd defendant to issue a grant and subsequent registration documents for the suit property in favour of the plaintiff
- 6.Permanent injunction restraining the 1st defendant from entering, remaining on, or dealing with the suit property
- 7.Allowance of the plaintiff's claim and the cross-claim by the 2nd, 3rd and 4th defendants as prayed
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Catholic Diocese of Nakuru, Registered Trustees v Lessonet & 4 others; Equity Bank Limited (Interested Party) (Environment & Land Case 12 of 2019) [2023] KEELC 584 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/584/eng@2023-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.