PETER NJOROGE NG'ANG'A V. STATUTORY MANAGER FOR UNITED ASSURANCE COMPANY LIMITED & UNITED INSURANCE COMPANY LIMITED

JUDGMENT OF THE COURT

1. This appeal arises from a judgment of the Environment and Land Court (ELC) at Kajiado (Christine Ochieng, J.) delivered on 5^th March 2018 ordering the cancellation of the appellant’s title deed over a property measuring approximately 20.23 hectares known as Title Number Kajiado/Kaputiei-North/4243 (the property) and upholding the 2^nd respondent’s title deed over the same. In the judgment, the ELC dismissed the appellant’s suit for a permanent injunction to restrain the respondents from dealing with the property; allowed the respondents’ counterclaim; declared the 2^nd respondent as the legal owner of the property and ordered the cancellation of the appellant’s title.

2. The main issue in the appeal is whether, in the circumstances of this case, the learned Judge erred in concluding that the appellant’s title to the property was impeachable under Section 26(1) of the Land Registration Act on grounds of having been “acquired illegally, unprocedurally or through a c…