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KEDUIWO A. MARISIN & 7 OTHERS
V.
SAMUEL KIPSIGE ARAP SOI

(1997) JELR 104675 (CA)

Court of Appeal 17 Oct 1997 Kenya
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- The respondent, purporting to act on his own behalf and for 24 families of Kilanda Village Group, sought declarations that they had proprietary rights over eight land parcels registered in the appellants' names, alleging the appellants he

Case Details

Suit Number:Civil Appeal 140 of 1996
Judges:Johnson Evan Gicheru JA Amrittal Bhagwanji Shah JA Samuel Elikana Ondari Bosire JA
Location:Nakuru
Other Citations:Keduiwo A. Marisin & 7 Others v. Samuel Kipsige Arap Soi [1997] eKLR

JUDGMENT OF THE COURT

Principally, the appellants’ appeal turns on whether or not the learned trial judge, Tanui, J., could order the cancellation of a first registration under section 143(1) of the Registered Land Act, Chapter 300 of the Laws of Kenya, hereinafter called the Act. At the conclusion of his judgment dated and delivered on 6th May, 1993, the learned trial judge had this to say:

“In the present case the Vice-Chairman of the Land Adjudication Committee did not allow the rights and interests of people residing on the disputed parcel of land to be ascertained before registration but he went ahead and allocated it himself to his relative. In the circumstances I find that the Legislature did not anticipate such acts when it passed the Act. The provisions of section 143(1) ought to be strictly limited. Having considered all the facts and the circumstances of this case I declare and hold that the eight defendants hold the titles to the eight parcels of land quoted above in trust f…

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