Rwagi v Gatua & another (Environment and Land Appeal E003 of 2022) [2022] KEELC 15076 (KLR) (21 November 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 15076
- Citation
- [2022] KEELC 15076 (KLR)
- Decided
- 21 November 2022
The appeal is dismissed. The appellant's registration as the sole proprietor of the land was irregular and fraudulent. The court orders the cancellation of the title and the registration of the land in the joint names of the appellant and the respondent.
Facts
The appellant and the respondent were in a love relationship that resulted in the birth of a daughter. They jointly purchased a parcel of land known as Nanyuki/Marura Block III/5625/ Sweetwaters. A title was issued in their joint names, but the appellant later removed the respondent's name and registered the land in his sole name.
Issues
- Whether the appellant and the respondent were joint proprietors of the land
- Whether the appellant's registration as the sole proprietor was fraudulent
- Whether the appellant could transfer his interest in the land to a third party
Reasoning
The court found that the appellant could not transfer his interest in the land to a third party as a joint owner. The appellant's registration was irregular as he did not file the previous joint title in the registry. The court dismissed the appeal due to the irregularities.
Outcome
Appeal dismissed
Orders
- Cancellation of the title issued to the appellant
- Registration of the land in the joint names of the appellant and the respondent
Remedies
- Each party to bear its own costs
Authorities cited
Legislation (1)
- Land Registration Act
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