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ELCDismissedEnvironment & Land Case 422 of 2015· [2023] KEELC 21545 (KLR)

Muigei v Yego & another; District Land Registrar, Uasin Gishu (Interested Party)

Environment and Land Court
16 November 2023
EOE. O. Obaga
1,276 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Eldoret dismissed a daughter's fraud claim, confirming a widow keeps land she received through succession despite irregular registration documents.

What this practically means

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Executive summary

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The plaintiff, Evalyne Chepkemei Muigei, second wife of the late Kimeto Arap Muigei, sued Daniel Yego for trespass over Pioneer/Ngeria Block 1 (EATEC) 1858, seeking a declaration of trespass, eviction, a permanent injunction, damages and mesne profits. The 2nd defendant, Grace Saina Muigei, the deceased's daughter by his first wife, filed a counter-claim seeking a declaration that the plaintiff's acquisition and registration of the suit property was fraudulent, unprocedural and illegal, cancellation of the title, and a permanent injunction against the plaintiff. She contended that the land control board consent application and transfer were signed on 27.11.2001, after the deceased died on 13.10.2001, and that the property was not listed among the deceased's assets in the succession cause. The plaintiff did not attend the hearing and her suit was dismissed for non-attendance. The 2nd defendant and DW2 testified in support of the counter-claim. The court noted that the confirmed grant was amended on 24.7.2014 to describe the property as Pioneer/Ngeria Block 1 (EATEC) 1858, and that a judgment of 9.8.2012 in the succession cause had bequeathed the plot to the plaintiff and her children. The court held that although the registration documents were prima facie signed after the deceased's death, the property rightfully belonged to the plaintiff under the distribution of the deceased's assets, and that the 2nd defendant had not proved fraud on a balance of probabilities. The counter-claim was dismissed with no order as to costs.

Key legal issues

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01

Proof of fraud in land registration

Holding

The 2nd Defendant failed to prove the alleged fraud against the Plaintiff and the 3rd Defendant

Reasoning

Although documents used to register the land in the deceased's name were signed after his death, the property had been bequeathed to the Plaintiff in the succession cause and formed part of the deceased's listed assets. The 2nd Defendant did not object when the property was given to the Plaintiff, so no fraud defeating her title was established.

02

Status of the succession court's distribution

Holding

The distribution of EATEC plot 488 (later Pioneer/Ngeria Block 1 (EATEC) 1858) to the Plaintiff by Justice Ibrahim's judgment of 9.8.2012 stands and grounds her title

Reasoning

The court examined the succession cause judgment and found the plot was listed among the deceased's assets and bequeathed to the Plaintiff. The 2nd Defendant's claim that the property was not listed was found untrue, and she raised no objection to the distribution at the time.

p. 3

Legal principles established

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  • Even where registration documents are prima facie irregular, no cancellation of title will issue where the registered owner holds the land rightfully under a distribution confirmed in succession proceedings
  • Uncontroverted evidence must still be proved on a balance of probabilities

Court orders

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  1. 1.The 2nd Defendant's counter-claim is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (Environment and Land Court Act)

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, "Muigei v Yego & another; District Land Registrar, Uasin Gishu (Interested Party)", Case Analysis (2023). Environment & Land Case 422 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21545/eng@2023-11-16

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