Kinegeni v Kinegeni & another (Land Case Appeal E019 of 2024)
Kinegeni v Kinegeni & another (Land Case Appeal E019 of 2024) [2026] KEELC 5320 (KLR) (17 August 2026) (Judgment)
The respondents pleaded fraud with sufficient particulars, but they failed to prove the pleaded fraud. Their case rested largely on suspicion, general assertions of the deceased's illness, and untested allegations of forgery and incapacity. They produced no cogent evidence of forged documents, no proof of mental incapacity on the specific transfer date, and no registry evidence from the Land Registrar. By contrast, the admitted additional evidence showed that the Land Control Board sanctioned the transfer and that the transfer was presented for registration on 22/11/2019. The appellant's titl…
Source excerpt
- Fraudulent transfer of land
- Burden and standard of proof
- Pleading and proof of fraud
- Validity of title under section 26 land registration act
- Appellate re-evaluation of evidence
- Additional evidence on appeal