- Fraudulent actors may exist within entities such as the Ministry of Lands, Survey of Kenya, and local authorities. Actors are forging deed plans, titles, allotment letters, transfer instruments, official stamps, official signatures therefore buyers should be cautious and ensure the root title of the land was legally and legitimately acquired. Landowners should maintain proper records of all relevant land documents. The original deed plan played a crucial role in this case.
- The importance of root title searches was emphasised, as seen in the Dina Management Limited vs County Government of Mombasa & 5 Others (2023) case, where the Supreme Court stressed the necessity of proving the root title and ensuring the acquisition was formal, legal, and free from encumbrances not recorded in the land register.
- A holistic approach to due diligence is essential, including site visits and verifying the root title. Continuous occupation by the Original Sellers of the property was a key point of evidence in this case.
- Inter-authority collaboration is needed to close loopholes in land transactions. For instance, in this case, Nairobi City County acknowledged it had no obligation to verify the authenticity of documents presented for development approval (even though the Appellant had obtained such approval to build apartments).
- Legal practitioners must adhere to the correct legal processes in land transfers, lease extensions, subdivisions, and changes of use.
- Land rent and rates payments in the name of a person do not automatically prove ownership of the land title. These payments only demonstrate compliance with title conditions, not ownership.
Courtesy of : JK
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