Nyete & another (Suing as Administrators of the Estate of the Late Joel Nyete) v Macakiage; Ndolo & 2 others (Third party) (Environment and Land Case E003 of 2023) [2025] KEELC 7614 (KLR)
The bottom line
#A Makueni court cancelled a land title fraudulently obtained in a dead man's name, returned the land to his family, and awarded Kshs. 2 million in damages.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the suit property Konza South/Konza South Block 5 (Konza)/113 was fraudulently registered in the name of the deceased after his death
- 2.Whether the transfer of the suit property to the Defendant was procured by fraud
- 3.Whether the Plaintiffs are entitled to cancellation of the title and resultant subdivisions and reinstatement of title in the names of the estate
- 4.Whether the Plaintiffs are entitled to general damages for trespass
Key legal issues
#Fraudulent registration and transfer of a deceased person's land
The Plaintiffs proved that the suit property was fraudulently registered in the name of the deceased after his death and fraudulently transferred to the Defendant
The deceased died on 20th October 2007, yet the suit property was registered in his name on 24th May 2017 and title issued on 7th July 2017. The Defendant admitted the thumbprint on the sale agreement was David Ndolo's, not the deceased's. The fraud was executed by David Ndolo, Jeremiah Simba and Esther Muthike Ndambuki, and the Defendant was aware of it.
General damages for trespass
Having proved trespass, the Plaintiffs were entitled to general damages without proving specific loss, assessed at Kshs. 2,000,000/=
The Defendant entered the land in October 2018, fenced and subdivided it in February 2020, keeping the Plaintiffs out of their 10.8 acres. Relying on Ajit Bhogal v Kenya Power & Lighting Co. Ltd, the court held that proof of specific damage is unnecessary where trespass is established, and awarded Kshs. 2,000,000/= doing the best it could.
Third party proceedings
The case against the third parties was struck out during the hearing upon their counsel's application, unopposed by the Plaintiffs
The third parties, David Ndolo, Jeremiah Simba and Esther Muthike Ndambuki, had entered appearance and filed defences, but their lawyer applied to have the suit against them struck out. There was no opposition from the Plaintiffs' counsel, and the case against them was struck out. The Defendant did not appear at the hearing or adduce evidence.
Legal principles established
#- Where trespass is proved, no proof of specific damage or loss is required for an award of damages
Court orders
#- 1.Cancellation of title number Konza South/Konza South Block 5 (Konza) 113 together with the resultant subdivisions Konza South/Konza South Block 5 (Konza)/6725 to 6804
- 2.An order directing the Land Registrar, Makueni to register title number Konza South/Konza South Block 5 (Konza)/113 in the names of the Plaintiffs
- 3.General damages of Kenya Shillings two million (Kshs. 2,000,000/=) for trespass
- 4.Interest on the general damages at court rates from the date of the suit until payment in full
- 5.Costs of the suit to the Plaintiffs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the judgment; original civil suit for recovery of land and orders of certiorari
Relief refused
#Interest on damages from 12th October, 2018 as sought
The court awarded interest only from the date of the suit, not the date of the fraudulent transfer as sought by the Plaintiffs
Costs
Costs of this suit awarded to the Plaintiffs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I therefore find that the Plaintiffs have proved that the suit property was fraudulently registered and transferred to the Defendant who went ahead to subdivide it.
It is trite law that where trespass is proved, a party need not prove that he/she suffered any specific damage or loss to be awarded damages.
An order that title number Konza South/Konza South Block 5 (Konza) 113 together with the resultant subdivisions being Konza South/Konza South Block 5 (Konza)/6725 to 6804 are hereby cancelled.
An order is given directing the Land Registrar, Makueni to register title number Konza South / Konza South Block 5 (Konza)/113 in the name of the Plaintiffs.
Issues in the judgment
#The judgment states conflicting dates of death of the deceased
The judgment later gives a different date of death for the same deceased
The Plaintiffs sought an order of certiorari, but the court instead issued its own cancellation order without expressly invoking judicial review jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyete & another (Suing as Administrators of the Estate of the Late Joel Nyete) v Macakiage; Ndolo & 2 others (Third party) (Environment and Land Case E003 of 2023) [2025] KEELC 7614 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7614/eng@2025-11-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.