Agripina Khati v Richard Livondo Wiranga & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kisumu
Category
Civil
Judge(s)
S. M. Kibunja, A. Ombwayo
Judgment Date
November 20, 2019
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Agripina Khati v Richard Livondo Wiranga & another [2020] eKLR


1. Case Information:
- Name of the Case: Municipal Council of Kisumu v. Teleposta Pension Scheme Registered Trustees & 26 Others
- Case Number: E & L CASE NO. 782 OF 2015
- Court: Environment and Land Court of Kenya at Kisumu
- Date Delivered: 20th November 2019
- Category of Law: Civil
- Judge(s): S. M. Kibunja, A. Ombwayo
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court included:
- The relationship between land parcel Kisumu Municipality/Block 9/1 and Land Reference Number 1148/9/XII under Grant I.R. 12665, and who the initial registered proprietor was.
- Whether the parcels were lawfully surrendered to the Government of Kenya by the Plaintiff.
- Whether the conversion of L.R. 1148/9/XII to Kisumu Municipality/Block 9/1 was fraudulent.
- Whether the allocation of Kisumu Municipality/Block 9/1 to Kenya Posts and Telecommunications Corporation was fraudulent.
- The legal status of Kisumu Municipality/Block 9/329 and its relationship with Kisumu Municipality/Block 9/1.
- Whether the subdivision of Kisumu Municipality/Block 9/329 and the registration of the parcels created thereof in the name of the 1st Defendant was fraudulent.
- Whether the Plaintiff is entitled to the prayers sought.

3. Facts of the Case:
The Plaintiff, Municipal Council of Kisumu, was the registered proprietor of a lease for 99 years on land parcel I.R. 12663, measuring approximately 7.72 acres. The Plaintiff claimed that the land was subject to conditions preventing sale or transfer without prior consent from the President or the 3rd Defendant. In 1958, the Plaintiff surrendered a portion for road extension, and subsequent actions by the 2nd and 3rd Defendants led to the registration of the land under a different title without the Plaintiff's consent. The Plaintiff alleged that the Defendants engaged in fraudulent activities to convert the title and subdivide the land, resulting in numerous parcels sold to various parties.

4. Procedural History:
The Plaintiff initiated the suit through a re-amended plaint in May 2013, alleging fraud and illegalities by the Defendants. The 1st Defendant, Teleposta Pension Scheme, denied the claims and argued that the land was legally acquired. Various other Defendants also filed defenses, asserting their rights to the parcels they purchased. The court received testimonies from multiple witnesses, including officials from the Municipal Council and the Land Registrar, and the parties submitted written arguments.

5. Analysis:
- Rules: The court considered relevant statutes, including the Registration of Titles Act and the Land Registration Act, which govern land transactions and the requirements for valid title transfers.
- Case Law: The court referenced previous cases that established the burden of proof in fraud allegations and the definition of bona fide purchasers, emphasizing the necessity for strict proof of fraud.
- Application: The court found that the Plaintiff had legally surrendered the land to the Government of Kenya and that subsequent actions by the Defendants were conducted within the law. The Plaintiff failed to provide adequate evidence of fraud or improper conduct by the Defendants, leading the court to dismiss the claims.

6. Conclusion:
The court ruled in favor of the Defendants, finding that the Plaintiff had not proven its claims of fraud and that the transactions regarding the land were valid. The court emphasized that the Plaintiff had divested itself of rights to the land through lawful surrenders, and thus, the Plaintiff's case was dismissed with costs.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The case concluded with the dismissal of the Plaintiff's claims against the Defendants, confirming the legality of the transactions regarding Kisumu Municipality/Block 9/1 and its subdivisions. The ruling underscores the importance of proper documentation and the burden of proof in civil cases involving land disputes, particularly regarding claims of fraud. The decision serves as a significant precedent in the context of land ownership and the rights of bona fide purchasers in Kenya.

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