Ntashart Ridge Limited v Lerte & 2 others (Environment and Land Case E074 of 2022) [2025] KEELC 5228 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Who is the lawful owner of the suit property
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
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26 years after the alleged death, on his own information, and his counterclaim against Fidei Holdings Limited had been withdrawn, leaving his root-of-title claim unsupported.
Whether the 1st Defendant proved fraud against the Plaintiff
Fraud was not proved to the required standard
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.
Reliability of the death certificate relied on by the 1st Defendant
The court found the death certificate was an afterthought obtained to contest the Plaintiff's ownership
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.
Whether the Plaintiff was entitled to damages for trespass and mesne profits
General damages for trespass of Kshs.500,000/= awarded; mesne profits refused for want of proof
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/=.
Whether the Plaintiff was a bona fide purchaser for value
The Plaintiff acquired the property in good faith for valuable consideration without notice of fraud
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
#- 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
#- 1.Declaration that Ntashart Ridge Limited is the lawful and registered owner of Title No. Kajiado/Ntashart/1408
- 2.Declaration that the title deed issued to Elijah Khanchon Lerte on 19th September 2014 is unlawful, null and void
- 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
- 4.1st 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.Permanent injunction restraining the 1st defendant and those claiming under him from occupying, trespassing or interfering with the suit property
- 6.1st defendant to pay the Plaintiff Kshs.500,000/= general damages for trespass
- 7.Costs of the Plaintiff's suit borne by the 1st Defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.