June 2023

Is the Doctrine of Sanctity of a Title Absolute or Legal Fiction? (Part 2: Possessing a Title is not conclusive proof of ownership of a Property)

Person A bought a parcel of land in the 80’s and was irregularly issued with a Certificate of Title by the Nairobi land registry. Over the years there have been subsequent transfers. Currently, the land is lawfully registered to Person B who has constructed a development consisting of 100 apartments for sale after acquiring all the necessary approvals. The development was ranked as the best place to live in Nairobi in 2022, subsequently, all the apartments quickly sold off.

Is the Doctrine of Sanctity or Indefeasibility of Title Legal Fiction? (Part 1: Understanding the Doctrine of Indefeasibility of Title)

Real estate in Kenya has proven to be a lucrative investment, outperforming traditional asset classes like equities and bonds with high returns. However, real estate investment has been termed as a dangerous minefield. Echoing the rather stern warning by the Court of Appeal in Arthi Highway Developers Limited Vs West End Butchery Limited & 6 Others (2015) eKLR , “ …the land market in Kenya was/is a...

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