The Environment and Land Court has ruled that being a family member does not automatically give someone rights over land registered in another person’s name.
According to reports, the case involved relatives who claimed that land registered in another family member’s name actually belonged to the family, arguing that their late father had bought it using money from the sale of livestock.
However, the court found that no documentary or credible evidence showed that the land was family property before it was registered.
According to the court, while customary trust is recognised under Kenyan law, it cannot be presumed simply because the parties are related.
Court upholds that relatives cannot automatically claim title deed
Additionally, anyone claiming that land is held in trust must prove it with sufficient evidence.
The court upheld the registered owner’s title and permanently barred the family members from making any further claim to the land.
The court reaffirmed the principles under the Land Registration Act and a previous Supreme Court ruling, which established that anyone claiming customary trust must demonstrate that the land was family, clan or community land before registration.
This means that a title deed cannot be overturned solely because the parties are relatives or because there are claims that the land has always been regarded as family property.
The court further emphasized that anyone seeking to challenge a registered land title based on customary trust must present clear and credible evidence demonstrating that such a trust existed before the land was registered
