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Court of AppealDismissedCivil Appeal No. 94 of 2014

Purity Ndirangu v Anthony Karanja & 2 others [2019] KECA 762 (KLR)

Court of Appeal
10 May 2019
1,923 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that buyers of estate land keep their purchases even after the seller's administrative grant is revoked.

What this practically means

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Executive summary

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This was an appeal to the Court of Appeal at Nairobi (Waki, Musinga and Kiage, JJ.A.) against a ruling of Kimaru, J. dated 20th June 2013 in Succession Cause No. 1574 of 1994. The High Court (Koome, J.) had on 25th January 2005 revoked the grant of letters of administration intestate issued to the appellant, Purity Mugure Ndirangu, and Charles Mukiri on grounds of material concealment and misrepresentation, all consequential transactions being nullified. Before the revocation the appellant had sold the suit land, LR. No. Dagoretti/Uthiru/733, to the 2nd and 3rd respondents for Kshs.1,300,000 and used part of the proceeds to purchase land at Mweiga, Nyeri. The purchasers, who had subdivided and on-sold portions to third parties, successfully applied for review of the revocation orders, and the appellant appealed. The Court of Appeal framed three issues: whether review was warranted, whether the appellant had any interest in the suit land, and whether the sale agreement should be recognized. The court held that section 93 of the Law of Succession Act validated the sale notwithstanding the subsequent revocation, protecting the bona fide purchasers for value; that the appellant had no interest in the land having sold it and purchased other land with the proceeds; and that equity does not permit a person to benefit from her own wrongdoing. The appeal was dismissed in its entirety with costs to the appellant.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the review of the Koome, J.'s ruling was warranted.
  2. 2.Whether the trial court was right in holding that the appellant had no interest in the suit land.
  3. 3.Whether the trial court was right in recognizing the sale agreement of the suit land by the appellant to the 2nd and 3rd respondents.

Key legal issues

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01

Whether the review of the 2005 revocation orders was warranted

Holding

The review was warranted because the suit property had lawfully been sold to the 2nd and 3rd respondents before the revocation, and section 93 of the Law of Succession Act validated the transaction notwithstanding the revocation.

Reasoning

The court noted that by the date of Koome, J.'s revocation ruling the suit property had already been sold, subdivided and title deeds issued. It was unclear whether the judge's attention had been drawn to that fact. Section 93 validates transfers by persons to whom representation has been granted despite subsequent revocation, so the bona fide purchasers were justified in seeking review to protect their interests.

p. 3
02

Whether the appellant had any interest in the suit land

Holding

The appellant had no interest in the suit land having lawfully sold it and used the sale proceeds to purchase land at Mweiga; allowing her to reclaim any share would be unjust enrichment.

Reasoning

The appellant did not dispute receipt of Kshs.1,300,000 as purchase price nor that she used part of it to buy six acres at Mweiga registered in her name in 2000. The court endorsed the learned judge's finding that it would be unconscionable and inequitable for her to benefit twice from a situation of her own making, invoking the principle that equity detests unjust enrichment.

p. 3
03

Whether the sale agreement between the appellant and the 2nd and 3rd respondents should be recognized

Holding

The sale agreement was recognized because the 2nd and 3rd respondents were bona fide purchasers for value whose transaction was validated by section 93 of the Law of Succession Act.

Reasoning

It was not disputed that the respondents were bona fide purchasers for value who paid the full consideration of Kshs.1,300,000. The court applied its own decision in Jacinta Wanja Kamau and held that section 93 protects such purchasers even where the grant under which the seller acted is subsequently revoked or varied.

p. 2

Legal principles established

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  • Section 93 of the Law of Succession Act protects a bona fide purchaser of property from a person who has obtained a grant of representation, even if that grant is subsequently revoked or varied.
  • A court cannot allow a person to benefit from his own wrongdoing; equity detests unjust enrichment.
  • A purchaser whose transaction predates the revocation of a grant may seek review of revocation orders to protect interests lawfully acquired.

Court orders

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  1. 1.The appeal is dismissed in its entirety
  2. 2.The appellant shall bear the costs of the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya, Nairobi
Succession Cause No. 1574 of 1994
Jurisdiction invoked
First appeal to the Court of Appeal from the High Court (succession cause) under the law governing appellate jurisdiction in civil succession matters

Relief refused

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The appellant's appeal against the ruling of Kimaru, J. allowing review of the orders of 25th January 2005

The 2nd and 3rd respondents were bona fide purchasers protected by section 93 of the Law of Succession Act and were justified in seeking review; the appellant had sold the suit land and used the proceeds to purchase land at Mweiga

p. 3

Costs

The appellant shall bear the costs of the appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

All in all, we find no merit in this appeal and dismiss it in its entirety. The appellant shall bear the costs of the appeal.
p. 3Final orders - dismissal of appeal and costs
Section 93 of the Law of Succession Act protects a bona fide purchaser of any property from a person who has obtained a grant of representation, even if that grant is subsequently revoked or varied.
p. 2Effect of section 93 Law of Succession Act on bona fide purchasers
It is trite law that a court cannot allow a person to benefit from his own wrong doing; equity detests unjust enrichment.
p. 3Unjust enrichment
In the circumstances, the 2nd and 3rd respondents were justified in seeking a review of the orders made on 25th January, 2005 to protect their interests in the suit property, which they had lawfully acquired.
Review to protect lawfully acquired interests

Issues in the judgment

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minor

The 1st respondent Anthony Karanja is referred to as '1st appellant' in paragraph 1 while the cause title lists him as 1st respondent

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Purity Ndirangu v Anthony Karanja & 2 others [2019] KECA 762 (KLR)", Case Analysis (2019). Civil Appeal No. 94 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/762/eng@2019-05-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.