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ELCPartially AllowedELC E51 of 2020 (Consolidated with ELC E52 of 2020)· [2024] KEELC 863 (KLR)

Ruto & 2 others (Suing as the legal representatives of the Estate of Peter Kipkorir Rotich (Deceased)) v Langat & 6 others (Environment & Land Case 51 & 52 of 2020 (Consolidated)) [2024] KEELC 863 (KLR)

Environment and Land Court
22 February 2024
9,792 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~39 min to read original · ~4 min brief

The bottom line

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A Nakuru court cancelled land titles bought for Kshs 20 million because the sellers could not prove how they originally acquired the property.

What this practically means

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Executive summary

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The plaintiffs, legal representatives of the estate of Peter Kipkorir Rotich (deceased), sued for declarations that their deceased father was the legitimate owner of LR No. 13287/78 IR No. 60749 (4.048 Ha) at Njoro, that the defendants' title Njoro/Ngata Block 27/11 was procured fraudulently and unprocedurally, plus rectification of the register, permanent injunction, inhibition, surrender of the title and general damages for trespass. The 1st and 2nd defendants (Richard Kipng'eno Lang'at and Peter Kigen Kiprono) denied the claim, asserting they purchased the property from the 7th defendant, David Kibiwot Achikwa, in 2016 for Kshs 20,000,000, converted the title and were registered on 14th February 2020; they counterclaimed for a declaration of ownership, injunction, eviction and damages. The suits were consolidated. The court framed three issues and, applying Hubert L. Martin and Munyu Maina, investigated the root of both competing titles. ADC's evidence confirmed the deceased purchased through allotment and was entered on the mother title; no evidence supported the 7th defendant's alleged acquisition from ADC. The court also found the surrender/conversion unprocedural: the property was freehold, s 44 of the repealed Registration of Titles Act contemplates surrender of a leasehold only, the Chief Land Registrar did not sign the surrender, and the title deed issued before the surrender was registered. Applying ss 26 and 80 of the Land Registration Act and Alice Chemutai Too, the court held the defendants' title was procured unprocedurally and ought to be cancelled, declared Peter Kipkorir Rotich the legitimate owner, allowed the plaintiffs' claim, dismissed the counterclaim, and awarded costs to the plaintiffs. Judgment delivered virtually at Nakuru on 22nd February 2024 by A.O. Ombwayo, J.

Key legal issues

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01

Root of title where two certificates of title exist over the same parcel

Holding

The plaintiffs' deceased father, Peter Kipkorir Rotich, is the legitimate owner of LR No. 13287/78 IR No. 60749; the root of the 7th defendant's title could not be explained

Reasoning

Both parties claimed derivation from ADC. PW2, ADC's Director Legal Operations, confirmed the deceased purchased through allotment and was entered on the mother title at entry No. 127. By contrast, there were no receipts, no transfer and no entry on the mother title supporting the 7th defendant's alleged acquisition from ADC, leaving only his bare certificate of title.

p. 16
02

Validity of the surrender and conversion of LR No. 13287/78 to Njoro/Ngata Block 27/11

Holding

The conversion and resultant title were unprocedural and the title held by the 1st and 2nd defendants must be impeached

Reasoning

The suit property was freehold, yet s 44 of the repealed Registration of Titles Act contemplates surrender of a leasehold only. The surrender was signed only by the 1st and 2nd defendants, was not signed by the Chief Land Registrar, no letter from the Director of Surveys was produced, and the title deed was issued on 14th February 2020 before the surrender was registered on 17th February 2020.

p. 16
03

Entitlement to the orders sought in the amended plaint and the counterclaim

Holding

The plaintiffs are entitled to the orders sought in their amended plaint; the defendants' counterclaim fails

Reasoning

Having found the root of the 7th defendant's title unexplained and the conversion unprocedural, the court was satisfied under s 80(1) of the Land Registration Act that the defendants' registration was procured unprocedurally and should be cancelled, validating the plaintiffs' claim and defeating the counterclaim for declaration, injunction, eviction and damages.

p. 17

Legal principles established

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  • Where two or more titles exist over the same land, the court must investigate the root of each title and uphold only that which conforms to procedure and traces its root without a break in the chain
  • A registered proprietor whose root of title is under challenge must prove the legality of how the title was acquired, beyond merely producing the instrument of title
  • A certificate of title is prima facie evidence of ownership but may be impeached where procured by fraud or where acquired illegally, unprocedurally or through a corrupt scheme
  • Under Section 80(1) of the Land Registration Act the court may order rectification of the register where a registration was obtained by fraud or mistake
  • Under the repealed Registration of Titles Act, s 44 provides for surrender of a leasehold title to the lessor, not a surrender of a freehold; a purported surrender of a freehold title to effect conversion is unprocedural

Court orders

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  1. 1.Declaration that Peter Kipkorir Rotich (deceased) is the legitimate owner of LR No. 13287/78 IR No. 60749 measuring 4.048 Ha
  2. 2.Cancellation/impeachment of the title held by the 1st and 2nd defendants over Njoro/Ngata Block 27/11, having been procured unprocedurally
  3. 3.The plaintiffs are entitled to the orders sought in their amended plaint dated 21st June 2021
  4. 4.The 1st and 2nd defendants' counterclaim is dismissed
  5. 5.Judgment for the plaintiffs with costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution over disputes relating to title to land

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, "Ruto & 2 others (Suing as the legal representatives of the Estate of Peter Kipkorir Rotich (Deceased)) v Langat & 6 others (Environment & Land Case 51 & 52 of 2020 (Consolidated)) [2024] KEELC 863 (KLR)", Case Analysis (2024). ELC E51 of 2020 (Consolidated with ELC E52 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/863/eng@2024-02-22

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