Bethwel Kiplagat Kosgei v Jackson Chepkwony & Land Registrar, Uasin Gishu County [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
M. A. Odeny
Judgment Date
June 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 eKLR case summary of Bethwel Kiplagat Kosgei v Jackson Chepkwony & Land Registrar, Uasin Gishu County. Discover key insights, legal implications, and case outcomes.

Case Brief: Bethwel Kiplagat Kosgei v Jackson Chepkwony & Land Registrar, Uasin Gishu County [2020] eKLR

1. Case Information:
- Name of the Case: Bethwel Kiplagat Kosgei v. Jackson Chepkwony & The Land Registrar, Uasin Gishu County
- Case Number: E & L Suit No. 273 of 2016
- Court: Environment and Land Court at Eldoret
- Date Delivered: June 23, 2020
- Category of Law: Civil
- Judge(s): M. A. Odeny
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include:
a. Whether the 1st defendant held the land parcel Cheptiret/Cheplaskei Block 1(Kipchamo)52 in trust for the plaintiff and his siblings.
b. Whether the plaintiff is entitled to his share of the land.
c. Whether the subdivision and registration of new titles by the 1st defendant were legal.

3. Facts of the Case:
The plaintiff, Bethwel Kiplagat Kosgei, is the son of Edrick Musimbi Kosgei, who passed away, leading to a succession dispute over land owned by the late Malakwen Arap Rutto. The 1st defendant, Jackson Chepkwony, is the uncle of the plaintiff and was registered as a trustee of the land in question. The land was initially intended to be shared among family members, with specific portions allocated to each. However, the 1st defendant subdivided the land into four plots and registered them in his name without the consent of the other beneficiaries, prompting the plaintiff to seek legal redress.

4. Procedural History:
The plaintiff filed a suit on August 17, 2018, seeking declarations that the subdivision and subsequent registrations were fraudulent and illegal. The 1st defendant did not respond to the claim, while the 2nd defendant, the Land Registrar, indicated there was no cause of action against them. The case proceeded by way of formal proof due to the lack of defense from the defendants.

5. Analysis:
- Rules: The court considered various legal provisions, including the Land Registration Act, which allows for the cancellation of titles obtained through fraud or misrepresentation (Section 26) and the definition of customary trusts (Section 28(b)).
- Case Law: The court cited precedents such as *Charity Machaki Kaugi & Another v. Dickson Nyaga Kaugi [2019] eKLR*, which emphasized that registered proprietors may hold land in trust for family members. The Supreme Court case *Isack M’Inanga Kieba v. Isaaya Theuri M’Lintari & Isack Ntongai M’Lintari SCOK Petition 10 of 2015* was also referenced to establish the criteria for recognizing customary trusts.
- Application: The court found that the evidence presented demonstrated that the 1st defendant was indeed holding the land in trust for the plaintiff and his siblings, as established by prior agreements and family meetings. The court ruled that the subdivision and registration of the land were conducted without the necessary consent from the other beneficiaries, constituting fraud.

6. Conclusion:
The court ruled in favor of the plaintiff, declaring the subdivision of the land illegal and ordering the cancellation of the new titles. The 1st defendant was directed to transfer the rightful share of land to the plaintiff, affirming the principle that land held in trust must be administered according to the intentions of the original owner.

7. Dissent:
There were no dissenting opinions recorded in this case as the matter proceeded without opposition from the defendants.

8. Summary:
The case of Bethwel Kiplagat Kosgei v. Jackson Chepkwony highlights the legal principles surrounding customary trusts and the responsibilities of trustees in managing family land. The court's ruling reinforces the importance of adhering to family agreements regarding inheritance and the legal repercussions of fraudulent land transactions. The decision serves as a precedent for similar disputes involving family land ownership in Kenya.

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