Kipchumba (Suing as the legal representative of the Estate of Chepkieny Sibo - Deceased) v Catholic Diocese of Eldoret (Registered Trustee) & 2 others (Environment and Land Appeal E013 of 2024) [2025] KEELC 7346 (KLR)

The court found as a fact that the 1st respondent purchased one acre from the deceased with the sanction of the deceased and his family, evidenced by a sale agreement, survey witnessed by the local administration and family, Land Control Board consent and payment of the purchase price. Although the transfer and registration occurred after the deceased's death without involvement of the estate, the appellant did not show the respondent lacked interest or that the estate suffered loss, so the irregular transfer did not justify cancelling the title.

Guided by Selle v Associated Motor Boat Co., Mwanasokoni v Kenya Bus Service and Kiruga v Kiruga, the court re-evaluated the evidence afresh but noted that findings of fact are not disturbed unless based on no evidence, misapprehension of evidence, or wrong principles. On re-evaluation, the documentary and oral evidence of the sale, survey, consent and registration supported the trial court's conclusion that the appeal lacked merit.

The appellant argued under Section 6 of the Land Control Act that consent obtained outside the statutory period rendered the agreement void, and that the title was procured by fraud. The court found the respondent had given a plausible, evidence-backed account of the acquisition and that the appellant, other than showing the transfer occurred after the owner's death, did not demonstrate the respondent lacked interest in the parcel. The irregularity alone did not suffice to cancel the title.