[2020] KECA 734 (KLR)

[2020] KECA 734 (KLR)

The Court of Appeal found that the 1st respondent, Samuel Kamau Macharia, was the legitimate and original registered owner of Land Parcel Galu/Kinondo/50, having acquired it through a proper chain of title dating back to 1981. The purported sale and transfer to the 2nd appellant, Ali Khan Ali Muses, by Joseph Mwangi...

Source-derived case information.

Citation
[2020] KECA 734 (KLR)
Parties
Appellant: Estate Sonrisa Ltd; Appellant: Ali Khan Ali Muses; Respondent: Samuel Kamau Macharia; Respondent: Land Registrar, Kwale; Respondent: Fidelity Commercial Bank Ltd
Court
Court of Appeal
Court Station
Court of Appeal at Mombasa
Jurisdiction
Kenya
Case Number
Civil Appeal 14 & 32 of 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals dismissed except as to the demolition and survey cost orders; parties to bear their own costs.
Judges
J Karanja, S ole Kantai
Legal Topics
Land Title Fraud, Boundary Disputes, Rectification of Register, Ownership Disputes, Land Registration, Survey and Beacons
Source Language
en
Land and Property Civil Procedure Land Title Fraud Boundary Disputes Rectification of Register Ownership Disputes Land Registration Survey and Beacons

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Estate Sonrisa Ltd

Appellant

Ali Khan Ali Muses

Appellant

Samuel Kamau Macharia

Respondent

Land Registrar, Kwale

Respondent

Fidelity Commercial Bank Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Who is the legal owner of Land Parcel Kwale/Galu Kinondo/50 (Galu/Kinondo/50).
  2. 2 Whether the owner of Kwale/Galu Kinondo/48 has encroached on plot no. 50.
  3. 3 Whether the title held by the 2nd appellant was obtained fraudulently and is valid.

Ratio Decidendi

The Court of Appeal found that the 1st respondent, Samuel Kamau Macharia, was the legitimate and original registered owner of Land Parcel Galu/Kinondo/50, having acquired it through a proper chain of title dating back to 1981. The purported sale and transfer to the 2nd appellant, Ali Khan Ali Muses, by Joseph Mwangi Nderitu was fraudulent, as Nderitu never lawfully owned the land and the supporting documents, including the title deed and identity card, were forgeries. The 2nd appellant failed to exercise due diligence and did not call Nderitu to testify, further undermining his claim. The Land Registrar's evidence, supported by the parcel file and registry records, confirmed the 1st...

Court Disposition

Appeals dismissed except as to the demolition and survey cost orders; parties to bear their own costs.

Orders

  • The consolidated appeals are dismissed except to the extent that the order for demolition within sixty days and the order for parties to share survey costs are set aside.
  • The Land Registrar, Kwale, together with the Government Surveyor, Kwale County, is directed to determine whether Kwale/Galu Kinondo/48 has encroached upon the suit land.