Taon (Suing as the Representative of the Estate of Taon Ole Lerindo) v Partoti & 5 others (Environment and Land Case 564 of 2017) [2024] KEELC 5363 (KLR)
The bottom line
#The Environment and Land Court in Kajiado dismissed a family land inheritance claim because the plaintiff could not prove ownership or fraud, and must pay the defendants' costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit land was the property of the late Lerindo and thus available for inheritance by the plaintiff's father
Not proved; the plaintiff's evidence was largely hearsay and the titles issued after adjudication were not challenged at the appropriate stage
The plaintiff relied on unproved family history regarding 1965 allocations by the Matapato Section Council. The registered proprietors obtained title deeds following adjudication, a process during which any objector could have raised a claim. Since the land was not proved to belong to Lerindo, his son Taon was not entitled to a share.
Whether the titles were fraudulently obtained
Fraud not proved to the standard higher than balance of probabilities
The court applied Ndolo v Ndolo, requiring allegations of fraud to be proved to a standard above a balance of probabilities. The plaintiff's allegations of unlawful registration and giving false information to the Land Registrar were not established to that standard, so cancellation of titles could not be ordered.
Whether the parcels should be amalgamated and reparcelled
No; reparcellation requires contiguous parcels, which were not proved, and the plaintiff was internally inconsistent in his claim
Section 23 of the Land Registration Act permits reparcellation only of contiguous parcels; contiguity was not proved. Further, defence evidence that the plaintiff's father was allocated land in Osilalei Group Ranch was uncontroverted, and the plaintiff was inconsistent, asking for a half for one household while pleading a three-way division.
Legal principles established
#- Fraud must be proved to a standard higher than a balance of probabilities
- Mesne profits can only be awarded after proof of ownership of the land
- Reparcellation under Section 23 of the Land Registration Act must be of contiguous parcels, and the burden of proving contiguity lies on the party seeking it
Court orders
#- 1.The plaintiff's suit is dismissed with costs to the defendants
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to title and ownership of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Taon (Suing as the Representative of the Estate of Taon Ole Lerindo) v Partoti & 5 others (Environment and Land Case 564 of 2017) [2024] KEELC 5363 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5363/eng@2024-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.