Ndwiga & another (Suing as the Legal Representative to the Estate of the Late Elias Ndwiga Njoka (Deceased)) v Land Registrar Kajiado & 6 others (Environment & Land Case 393 & 380 of 2017 (Consolidated)) [2025] KEELC 4718 (KLR)
The bottom line
#A Kenyan court confirmed that land bought without paying the owner is unprotected, but only the unpaid seller's parcel was saved.
What this practically means
#Executive summary
#Key legal issues
#Validity of Susan Nyambura Njenga's claim over L.R. Kajiado/Kisaju/1794
She has a valid claim and proved her case on a balance of probabilities; her land was sold without her consent and without payment of the purchase price, rendering the transaction void as to her parcel.
Own a Plot's own witness admitted she was never paid, meaning her plot was sold before purchase. The amalgamation by the Land Registrar at Own a Plot's behest amounted to reparcellation under Section 23 of the Land Registration Act, which required her written consent. No consent or transfer form was produced; missing records are the registry's responsibility. The unpaid sale is voidable and, suit having been filed, void as to her 0.27 Ha parcel.
Validity of Dionisia Wandiri Ndwiga's claim over the suit land (ELC 393/2017)
She has no valid claim; the plaintiff was never lawfully registered as owner of L.R. No. 121 and the entire suit is dismissed.
The story that Ngara East Women Group bought about 100 acres and transferred the whole to one member, Lydia Wakariti Mbugua, grandmother of the deceased, was incredible and unsupported by any sale agreement, Land Control Board consent or transfer. The deceased had no grant or title connecting him to the land; his only connection was three suspicious green cards contradicting each other and flagged for forgery.
Applicability of the bona fide purchaser doctrine to Own a Plot Limited
The doctrine does not protect Own a Plot in respect of Kisaju/1794 because the property was acquired unlawfully; Article 40(6) does not protect unlawfully acquired property.
Following the Supreme Court's decision in Dina Management Ltd v County Government of Mombasa, where the root of title is challenged and the acquisition irregular, ownership cannot be protected under Article 40. However, Own a Plot retains good title to the rest of the land except Kisaju/1794, since no other member of the Women Group has come forward and some members were paid.
Wanachuo's entitlement to reliefs in its counterclaim
Wanachuo is the bona fide owner of L.R. Kajiado/Kisaju/4611-4615 (formerly 121), except the 0.27 hectares owned by Susan Nyambura Njenga, and judgment is entered in its favour on prayers (a), (c), (d) and (i) of the counterclaim.
Wanachuo purchased from Own a Plot, carried out due diligence, obtained Land Control Board consents, and was registered on 16-3-2012, with official searches confirming its ownership. Its ownership holds except over the parcel of Susan Nyambura Njenga, whose title survived the irregular amalgamation.
Legal principles established
#- The protection of the right to property under Article 40(6) of the Constitution does not extend to property unlawfully acquired; a party cannot rely on the doctrine of bona fide purchaser where the root of title has been challenged.
- Failure to pay consideration renders a sale agreement voidable at the instance of the innocent party.
- Under Section 23 of the Land Registration Act, reparcellation of contiguous parcels requires the written consent of all registered proprietors and other persons with rights or interests, and of any cautioner.
Court orders
#- 1.Judgment entered for Susan Nyambura Njenga, plaintiff in case No. 380/2017, as per prayers (a) and (d) of the Plaint dated 21-11-2014
- 2.Judgment entered in favour of Wanachuo Investments Limited on its counterclaim in terms of prayers (a), (c), (d) and (i), subject to the land owned by Susan Nyambura Njenga measuring 0.27 hectares
- 3.Costs of the Wanachuo counterclaim awarded against the plaintiff (Dionisia Wandiri) and Own a Plot Limited only
- 4.ELC Case No. 393 of 2017 (Dionisia Wandiri Ndwiga) dismissed with costs to the Defendants
- 5.Costs of case No. 380/2017 awarded to the plaintiff Susan Nyambura Njenga against Own a Plot Limited only
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (originated as ELC Case No. 380 of 2017 and consolidated with ELC Case No. 393 of 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndwiga & another (Suing as the Legal Representative to the Estate of the Late Elias Ndwiga Njoka (Deceased)) v Land Registrar Kajiado & 6 others (Environment & Land Case 393 & 380 of 2017 (Consolidated)) [2025] KEELC 4718 (KLR)", Case Analysis (2025). ELC Case No. 393 of 2017 (consolidated with ELC Case No. 380 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4718/eng@2025-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.