Saeni & another v Seme & 3 others (Environment and Land Appeal E004 of 2024) [2025] KEELC 3014 (KLR)
The bottom line
#The Environment and Land Court cancelled a land title bought on a falsified record, returning the property to the family that won the original adjudication objection.
What this practically means
#Executive summary
#Key legal issues
#Outcome of Land Adjudication Objection No. 107/1990
The objection was allowed and the suit land awarded to the 1st Appellant; the annotation 'objection 107 is withdrawn' was an afterthought made years later and without evidential support
Entry No. 14 communicated an outcome allowing the objection and awarding the land to the objector, over the name of adjudication officer F.M. Muiruri dated 21.05.2015. The withdrawal note appeared elsewhere, undated as to year, over a bare designation 'LAO', and would render the second objection 729/1990 inexplicable. DW2's evidence confirmed both objections were allowed. The trial court failed to consider this outcome.
Validity of the 1st Respondent's registration and title
The registration was a nullity ab initio and the title is impeached under section 26(1)(b) of the Land Registration Act
Once objection proceedings were concluded in favour of the objector they could not be withdrawn; the purported withdrawal was a nullity under Mcfoy v United Africa Co. The registration founded on that illegal entry cannot be protected, and the court directed rectification of the register under section 80(1) of the Land Registration Act.
Legal principles established
#- A void act is a nullity and need not be set aside by a court; every proceeding founded on it is also bad and incurably bad
- A registered proprietor whose title is under challenge must prove the legality of how he acquired the title beyond dangling the instrument of title
Court orders
#- 1.Judgment of Hon. C.W. Waswa delivered on 18th January 2024 in Kilgoris ELC No. E037/2021 set aside and judgment entered as prayed for in the Plaint
- 2.Order directing the 2nd Respondent to cancel the title deed in respect of Transmara/Nkararo/773 issued in favour of the 1st Respondent and rectify the register by registering the same in the name of the Appellants taking into account the subdivisions authorised in objection No. 729/1990
- 3.Permanent injunction issued against the Respondents from interfering with the proprietary rights and interests of the Appellants
- 4.Costs of the suit in Kilgoris E037 of 2021 and of the Appeal, together with interests at court rates, awarded to the Appellants
- On appeal from
- Senior Resident Magistrate's Court, Kilgoris
- ELC No. E037/2021
- Jurisdiction invoked
- First appellate jurisdiction under the Environment and Land Court Act over appeals from subordinate courts
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saeni & another v Seme & 3 others (Environment and Land Appeal E004 of 2024) [2025] KEELC 3014 (KLR)", Case Analysis (2025). Kilgoris ELC Appeal No. E008 of 2024 (Memorandum of Appeal dated 1st February 2024 against Kilgoris ELC No. E037/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3014/eng@2025-04-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.