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ELCPartially AllowedNot stated in the judgment as provided· [2025] KEELC 5228 (KLR)

Ntashart Ridge Limited v Lerte & 2 others (Environment and Land Case E074 of 2022) [2025] KEELC 5228 (KLR)

Environment and Land Court
10 July 2025
6,458 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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A Kajiado court confirmed a land buyer with a clean paper trail keeps the property, and ordered the rival claimant evicted within 90 days.

What this practically means

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Executive summary

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Ntashart Ridge Limited claimed to be the registered proprietor of Kajiado/Ntashart/1408, having purchased it from Kenrick Maina Miako (a director) who acquired it from Fidei Holdings Limited, a subsidiary of United Insurance Company Limited under statutory management. The company alleged the land was fraudulently transferred to the 1st Defendant, Elijah Khanchon Lerte. The 1st Defendant counterclaimed that the land belonged to his late mother, Timao Ene Lololigi, who died in 1994, and that the 1996 transfer to Fidei Holdings Limited was fraudulent since no succession had taken place; he later withdrew the counterclaim against Fidei Holdings Limited. The court framed four issues: ownership, proof of fraud, entitlement to reliefs, and costs. Applying Munyu Maina v Hiram Gathiha Maina, the court traced the root of title and found the Plaintiff had demonstrated an unbroken chain of acquisition, whereas the 1st Defendant's case rested on a death certificate issued in 2020, 26 years after the purported death, on his own information, which the court found to be an afterthought possibly intended to mislead the court. Fraud was not proved to the standard required. The Plaintiff was found to be a bona fide purchaser for value. Judgment was entered for the Plaintiff: declarations of ownership and nullity of the 1st Defendant's title, cancellation of that title, eviction within 90 days, a permanent injunction, general damages for trespass of Kshs.500,000/=, and costs to the Plaintiff. Mesne profits were refused for want of proof, making the outcome one of partial success on reliefs though the claim substantially succeeded.

Key legal issues

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01

Who is the lawful owner of the suit property

Holding

The Plaintiff proved an unbroken chain of acquisition and is the lawful registered owner; the 1st Defendant failed to prove the land was fraudulently transferred from his late mother's name

Reasoning

The court traced the title history through the green card and documents. The Plaintiff produced a title deed, transfer documents, consents, sale agreement and proof of payment. The 1st Defendant's claim rested on a death certificate issued 26 years after the alleged death, on his own information, and his counterclaim against Fidei Holdings Limited had been withdrawn, leaving his root-of-title claim unsupported.

02

Whether the 1st Defendant proved fraud against the Plaintiff

Holding

Fraud was not proved to the required standard

Reasoning

Allegations of fraud must be specifically pleaded and strictly proved to a standard above a balance of probabilities. The 1st Defendant admitted he had not tendered evidence to prove the alleged fraud or that Kenrick Maina was a director of the companies mentioned. His case also depended on a questionable late-registered death certificate whose source was himself.

p. 10
03

Reliability of the death certificate relied on by the 1st Defendant

Holding

The court found the death certificate was an afterthought obtained to contest the Plaintiff's ownership

Reasoning

The certificate was issued in 2020, 26 years after the purported death, upon information supplied by the 1st Defendant himself, with no explanation for the delay and no corroboration as the area chief was not called. The court found the details of the date of death may not be true.

p. 9
04

Whether the Plaintiff was entitled to damages for trespass and mesne profits

Holding

General damages for trespass of Kshs.500,000/= awarded; mesne profits refused for want of proof

Reasoning

Trespass was proved through the surveyor's evidence and the 1st Defendant's own admission of occupation. However, mesne profits must be pleaded and proved, and only one of mesne profits or trespass damages can be granted; since mesne profits were not proved, general damages for trespass were assessed at Kshs.500,000/=.

05

Whether the Plaintiff was a bona fide purchaser for value

Holding

The Plaintiff acquired the property in good faith for valuable consideration without notice of fraud

Reasoning

Applying the bona fide purchaser test, the court found the Plaintiff acquired valid legal title, carried out due diligence through its advocates including Land Control Board consent, and paid Kshs.12,000,000/- as valuable consideration, without notice of any fraud in the director's acquisition from Fidei Holdings Limited.

Legal principles established

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  • Where a registered proprietor's root of title is under challenge, the proprietor must prove the legality of the acquisition beyond the title instrument
  • Allegations of fraud must be specifically pleaded and proved to a standard above a balance of probabilities
  • A claimant cannot claim both mesne profits and damages for trespass; only one may be granted
  • A bona fide purchaser for value must prove valid legal title, due diligence, and payment of valuable consideration

Court orders

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  1. 1.Declaration that Ntashart Ridge Limited is the lawful and registered owner of Title No. Kajiado/Ntashart/1408
  2. 2.Declaration that the title deed issued to Elijah Khanchon Lerte on 19th September 2014 is unlawful, null and void
  3. 3.Land Registrar Kajiado ordered to cancel the title deed issued to Elijah Khanchon Lerte on 19th September 2014 and revert it to the Plaintiff
  4. 4.1st defendant and those claiming under him ordered to vacate the suit property within 90 days, failing which the Plaintiff may evict at the 1st Defendant's expense
  5. 5.Permanent injunction restraining the 1st defendant and those claiming under him from occupying, trespassing or interfering with the suit property
  6. 6.1st defendant to pay the Plaintiff Kshs.500,000/= general damages for trespass
  7. 7.Costs of the Plaintiff's suit borne by the 1st Defendant

Authorities

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Legislation

  • Land Registration ActSection 26(1)
  • Land Registration ActSection 26(2)
  • Evidence ActSection 83
  • Births and Deaths Registration Act (Cap 149 Laws of Kenya)Not specified

Cases cited (15)

  • Arthi Highway Developers Limited v West End Butchery Limited & 6 others
    [2015] eKLR
  • Dr. Joseph Arap Ngok v Justice Moijo ole Keiwua & 5 Others
    Civil Appeal No. 60 of 1997
  • Gichinga Kibutha v Caroline Nduku
    [2018] eKLR
  • Super Nova Properties Limited & another vs District Land Registrar Mombasa & 2 others; Kenya Anti Corruption & 2 others - interested parties
    (2018) eKLR
  • Dina Management Limited vs County Government of Mombasa & 5 others
    KESC 30 (KLR)
  • Munyu Maina v Hiram Gathiha Maina
    [2013] KECA 94 (KLR)
  • John Mbogua Getao v Simon Parkoyiet Mokare, Karempu Kaata, Nkama Group Ranch, Chief Land Registrar & Attorney General
    [2017] KECA 156 (KLR)
  • Benson Wandera Okuku Vs. Israel Were Wakho
    (2020) eKLR
  • RG Patel Vs. Lalji Makanji
    (1957) EA
  • Janefier Nyambura Kamau Vs. Humphrey Nandi
    (2013) eKLR
  • Koinange & 13 Others Vs. Nyati
    (1984) EA 425
  • Gudka Vs. Dodhia
    CA No. 21 of 1980
  • Richard Ekwesera Onditi Vs. Kenya Commercial Finance Co. Ltd.
    CA No. 329 of 2009, Nairobi
  • Christine Nyanchama Oanda vs. Catholic Diocese of Homa Bay Registered Trustees
    [2020] eKLR
  • Samuel Kawere Vs. Land Registrar, Kajiado
    (2013) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (not expressly cited in the judgment)

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, "Ntashart Ridge Limited v Lerte & 2 others (Environment and Land Case E074 of 2022) [2025] KEELC 5228 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5228/eng@2025-07-10

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