[1997] KECA 1 (KLR)

[1997] KECA 1 (KLR)

The Court held that the applicant had no arguable appeal because he had not pleaded any fraud against the sixth respondent, who was the registered proprietor of the suit property and a bona fide purchaser for value without notice. The mere approval by the President did not confer title; title could only arise after...

Source-derived case information.

Citation
[1997] KECA 1 (KLR)
Parties
Applicant: Dr. Joseph N.K. Arap Ng'ok; Respondent: Justice Moijo Ole Keiwua; Respondent: J.L. Ole Kipury; Respondent: J.B. Muturi; Respondent: Commissioner of Lands; Respondent: Madison Insurance Company Kenya Limited
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 60 of 1997
Procedural Posture
Civil Application / Application for Injunction Pending Appeal
Outcome
application dismissed with costs
Judges
AB Shah, GS Pall
Legal Topics
Indefeasibility of Title, Injunctions, Bona Fide Purchaser, Registration of Titles, Fraud in Land Transactions
Source Language
en
Land and Property Civil Procedure Indefeasibility of Title Injunctions Bona Fide Purchaser Registration of Titles Fraud in Land Transactions

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Parties

Dr. Joseph N.K. Arap Ng'ok

Applicant

Justice Moijo Ole Keiwua

Respondent

J.L. Ole Kipury

Respondent

J.B. Muturi

Respondent

Commissioner of Lands

Respondent

Madison Insurance Company Kenya Limited

Respondent

Procedural Posture

Civil Application / Application for Injunction Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an injunction restraining the sixth respondent from dealing with the suit property pending appeal.
  2. 2 Whether approval by the President without a letter of allotment or title document confers proprietary rights.
  3. 3 Whether the sixth respondent holds an indefeasible title as a bona fide purchaser for value without notice.

Ratio Decidendi

The Court held that the applicant had no arguable appeal because he had not pleaded any fraud against the sixth respondent, who was the registered proprietor of the suit property and a bona fide purchaser for value without notice. The mere approval by the President did not confer title; title could only arise after issuance of a letter of allotment, compliance with its terms, and issuance of a title document. Section 23(1) of the Registration of Titles Act confers absolute and indefeasible title to the registered owner, subject only to fraud or misrepresentation to which the owner is a party. Since no such fraud was alleged or proved, the applicant had no legal basis for an injunction....

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs to the sixth respondent.