Brief Facts/Background:
In the case, the Kenya Church of Christ (Plaintiff) filed suit against six defendants in 2014, asserting ownership of Plot No. 3754/VI/MN at Miritini. The Plaintiff claimed to have legally acquired the land through a 2004 sale agreement based on a 1991 letter of allotment issued to Bishop Chrispus Nzano. They alleged the defendants encroached, erected structures, and obstructed access. The Plaintiff sought injunctions, demolition orders, and costs.
The Defendants countered, asserting ancestral ties to the land through Keya Mbaya, alleging the Plaintiff’s title was fraudulently obtained via forgery by Danson Mwandoto (a former church official). They claimed to have purchased portions from intermediaries (e.g., Mrs. Adriano and Keya Mbaya) and developed permanent structures. Their counterclaim sought cancellation of the Plaintiff’s title, injunctions, and compensation.
Issues for determination:
Who holds legal/beneficial interest in the suit property?
Whether the Plaintiff’s title was valid?
Whether the defendants’ counterclaim merited?
Analysis
On Who holds legal/beneficial interest in the suit property, the court decided the Plaintiff’s registered title conferred absolute ownership under Section 24 of the Land Registration Act, and that the Defendants failed to prove overriding interests or lawful occupation.
On Whether the plaintiff’s title is valid, the court upheld the title’s validity, while noting that the Fraud allegations lacked specificity and proof under Section 109 of the Evidence Act. The Police recommendations were deemed unsubstantiated, as no charges were pursued, and Mwandoto testified openly in court.
On Whether the defendants’ counter claim merited, the court dismissed the defendants’ counterclaim since their reliance on ancestral claims and unregistered sales (e.g., via Keya Mbaya) did not override statutory title. As such, no evidence of fraud or legitimate adverse possession.
Court’s Determination:
The court ruled in favor of the Plaintiff, declaring their title valid. Further, the court ordered, a boundary survey by the Land Registrar to identify encroachments, removal of unauthorized structures within 90 days, with eviction/demolition orders for non-compliance, and permanent injunction against Defendants’ interference. Furthermore, the counterclaim was dismissed.
Conclusion
This judgment reinforces the principle of indefeasibility of registered titles under Kenyan law, emphasizing that registration confers absolute ownership unless fraud is specifically pleaded and proved. It clarifies that mere allegations of historical occupation or unregistered transactions cannot override statutory titles.
The case underscores the judiciary’s role in upholding land registration systems to prevent disputes and promote certainty in property rights.
It also highlights the evidentiary burden for fraud claims, aligning with precedents like Vijay Morjaria v Nansingh Madhusingh Darbar, which demand rigorous proof of fraudulent intent. By dismissing speculative challenges to titles, the decision strengthens confidence in Kenya’s land administration framework.
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