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)
The bottom line
#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
#Executive summary
#Key legal issues
#Root of title where two certificates of title exist over the same parcel
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
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.
Validity of the surrender and conversion of LR No. 13287/78 to Njoro/Ngata Block 27/11
The conversion and resultant title were unprocedural and the title held by the 1st and 2nd defendants must be impeached
The suit property was freehold, yet s 44 of the repealed Registration of Titles Act contemplates surrender of a leasehold only.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.
Entitlement to the orders sought in the amended plaint and the counterclaim
The plaintiffs are entitled to the orders sought in their amended plaint; the defendants' counterclaim fails
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.
Legal principles established
#- 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
#- 1.Declaration that Peter Kipkorir Rotich (deceased) is the legitimate owner of LR No. 13287/78 IR No. 60749 measuring 4.048 Ha
- 2.Cancellation/impeachment of the title held by the 1st and 2nd defendants over Njoro/Ngata Block 27/11, having been procured unprocedurally
- 3.The plaintiffs are entitled to the orders sought in their amended plaint dated 21st June 2021
- 4.The 1st and 2nd defendants' counterclaim is dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.