Oliech & another (Suing as Co-Administrators of the Estate of Pius Awuoth Ogolla – Deceased)) v Akelo & 2 others; Family Bank Limited & another (Proposed Interested Parties) (Environment and Land Case E078 of 2025) [2026] KEELC 1788 (KLR)

At the time of the charge transaction the suit land was registered in the 1st Defendant's name, as confirmed by official searches exhibited by both the plaintiff and the 1st Interested Party. The 1st Interested Party narrated the due diligence steps taken before accepting the land as security. Under section 26 of the Land Registration Act the certificate of title is conclusive evidence of proprietorship subject only to statutory exceptions, so on the face of it the land belonged to the 1st Defendant and the applicants' claim of illegal acquisition was not made out at this interlocutory stage.

The court noted the claim is for recovery of land based on alleged fraud, with the applicant placing the cause of action in 2010 when the original title was transferred without letters of administration. Sections 4, 7 and 9 of the Limitation of Actions Act set the limitation periods for fraud and land recovery claims. The preliminary objection was noted to have been filed after directions on disposal of the application had been taken, so no directions were taken on its disposal; nonetheless the application failed on the prima facie case threshold.