[2001] KEHC 577 (KLR)
The court found that the Defendants fraudulently transferred the suit land to themselves while the Plaintiff was in occupation and custody. The Defendants' criminal conviction for offences relating to the fraudulent transfer was conclusive evidence of fraud. As a result, the court held that no valid title could pass...
Source-derived case information.
- Citation
- [2001] KEHC 577 (KLR)
- Parties
- Plaintiff: Mohammed Hanif; Defendant: Justus Nyamu & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2247 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment_for_plaintiff
- Legal Topics
- Fraudulent Transfer of Land, Cancellation of Title, Land Registration, Criminal Conviction Effects
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Hanif
Plaintiff
Justus Nyamu & Another
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the Defendants fraudulently transferred the suit land to themselves.
- 2 Whether the Plaintiff is entitled to cancellation of the entries made on the title documents of the suit land.
- 3 Whether the criminal conviction of the Defendant affects the validity of the title transfer.
Ratio Decidendi
The court found that the Defendants fraudulently transferred the suit land to themselves while the Plaintiff was in occupation and custody. The Defendants' criminal conviction for offences relating to the fraudulent transfer was conclusive evidence of fraud. As a result, the court held that no valid title could pass to the Defendants or any other person, and the entries made on the title documents were void. The Plaintiff's claim for cancellation of the fraudulent entries was therefore well founded, and judgment was entered in favour of the Plaintiff as prayed in the Plaint. The Registrar was ordered to cancel the impugned entries in the land register.
Court Disposition
judgment_for_plaintiff
Orders
- The entries in question appearing in the Register of lands relating to the suit land are cancelled.
- The Registrar shall act accordingly to effect the cancellation.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2247 OF 1999
MOHAMMED HANIF ……………………….PLAINTIFF/APPLICANT VERSUS JUSTUS NYAMU & ANOTHER …… DEFENDANT/RESPONDENT
JUDGMENT
In this suit the Plaintiff seeks an order canceling the entries made on the title documents of the suit land, Land Ref: No.36-VII-227, on 23rd June, 1992, 25th June, 1992 and 19th July, 1993 respectively.
The land originally belonged to Ajaib Singh who passed away.
Evidence has been produced to show that the Defendants fraudulently purported to transfer the said land to themselves. The Plaintiff who was always been in occupation and the custodian of the land found that the Defendants fraudulently purported to transfer the land to themselves.
Following this purported transfer the Defendant was charged with a number of criminal offences, stretching from making a document without authority contrary to section 357 (a) of the Penal Code, uttering a false document contrary to section to section 353 of the Penal Code to obtaining money by false pretences contrary to section 313 of the Penal Code.
This was in 1996 in the Chief Magistrate’s Court at Nairobi, in Criminal Case No.1306 of 1996. The accused was convicted as charged. The conviction still stands. The consequences is that no title existed in any person to pass to anyone else and no one else got good title.
In the circumstances, the court is satisfied on this evidence and found of acts that Plaintiff’s claim is well founded. There will be Judgment for the Plaintiff as prayed in the Plaint. The entries in question appearing in the Register of lands, relating to the suit land shall be and are hereby cancelled and the Registrar shall act accordingly.
The costs of this suit shall be paid to the Plaintiff. Orders accordingly.
R. KULOBA
JUDGE
12/6/2001
31/8/2001
Mr. Mwai for M/S G.M. Muhoro Advocates for the 6th Defendant Applicant Chamber Summons dated 17th August 2001 is fixed for hearing on 25th October, 2001 at 2. 30 p.m.
Notice to issue
T.L. ONAMU
For: DEPUTY REGISTRAR