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ELCOtherKajiado CMELC 6 of 2010 (appeal)· [2025] KEELC 5246 (KLR)

Ndiki v Sidai & 2 others (Civil Appeal E012 of 2023) [2025] KEELC 5246 (KLR)

Environment and Land Court
16 June 2025
MMM.D. Mwangi
1,795 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to decide who owns disputed Kitengela land until the Land Registrar testifies with the official parcel file, because both sides' registry documents were uncertified.

What this practically means

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Executive summary

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This is an appeal to the Environment and Land Court at Kajiado against the judgment of Hon. V. Kachuodho (SRM) delivered on 30th March 2023 in Kajiado CMELC 6 of 2010. The appellant, who was the plaintiff before the trial court, claimed that by a sale agreement of 17th April 1996 he purchased two acres of land parcel Kjd/Kitengela/5480 from the 1st respondent for Kshs. 117,000/=, was issued a title deed on 2nd July 1996, and took possession. He alleged that the subsequent transfer and registration of the property to the 2nd respondent on 24th March 2009 was fraudulent, and sought a declaration of ownership and rectification of the register. The 2nd respondent, who counterclaimed, asserted that he purchased the property for Kshs. 640,000/= on 24th November 2008 from Daniel Kantai Ibrahim, the registered proprietor since 1995, and obtained a title deed on 2nd April 2009. He sought a declaration of ownership, a permanent injunction, demolition of the appellant's structures and eviction. The trial court made contradictory findings: it declared itself unable to determine ownership for want of the presentation book and custodian officers, yet concluded that the 2nd respondent was the registered owner. The appellate court, M.D. Mwangi J, held that the question of ownership could not be conclusively determined on the existing record because the registry documents were uncertified and unverified. Exercising powers under sections 78(1) and 22(b) of the Civil Procedure Act, the court ordered that additional evidence be taken from the Land Registrar, Kajiado, who was summoned to appear and produce the parcel file, with parties at liberty to cross-examine, before a final judgment is delivered. No final determination on title or costs was made at this stage.

Key legal issues

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Ownership of land parcel Kjd/Kitengela/5480

Holding

The question of ownership cannot be conclusively determined on the existing record because the trial court made contradictory findings and the registry documents were unverified; the Land Registrar must testify with the parcel file before final judgment

Reasoning

The appellate court observed that the trial court both declared itself unable to determine ownership for want of the presentation book and custodian officers, yet simultaneously concluded that the 2nd respondent was the registered owner. Since the registry documents were uncertified and unverified, the court invoked its powers under sections 78(1) and 22(b) of the Civil Procedure Act to take additional evidence from the Land Registrar before delivering final judgment.

p. 4

Legal principles established

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  • Documents purportedly emanating from the land registry must be verified; uncertified copies cannot conclusively prove title entries, and the Land Registrar should be heard before a final determination of competing title claims

Court orders

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  1. 1.The court will take additional evidence specifically from the Land Registrar to verify the contents of the parcel file in regard to the suit property before delivering a final judgment in the appeal
  2. 2.Witness summons issued to the Land Registrar, Kajiado to appear as a witness and produce the parcel file for Land Parcel L.R. No. Kjd/Kitengela/5480
  3. 3.Parties at liberty to cross-examine the Land Registrar

Authorities

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Legislation

  • Civil Procedure ActSection 78(1)
  • Civil Procedure ActSection 22(b)
On appeal from
Chief Magistrate's Court, Kajiado (CMELC 6 of 2010)
Kajiado CMELC 6 of 2010
Jurisdiction invoked
Sections 78(1) and 22(b) of the Civil Procedure Act (appellate powers to take additional evidence and issue witness summons)

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, "Ndiki v Sidai & 2 others (Civil Appeal E012 of 2023) [2025] KEELC 5246 (KLR)", Case Analysis (2025). Kajiado CMELC 6 of 2010 (appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5246/eng@2025-06-16

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