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High Court backs cancellation of title deed

By By PAMELA CHEPKEMEI | June 27th 2013 at 00:00:00 GMT +0300

By PAMELA CHEPKEMEI

Kenya: A businessman involved in a controversial sale of a four-storey building valued at Sh105 million Wednesday lost a bid to reverse a cancellation of the title deed by the Lands Registrar.

High Court Judge Weldon Korir dismissed an application by John Ngururi who bought the building from Ecobank.

He said there was a likelihood that the businessman was aware of the alleged illegalities surrounding the sale, which led to the entries being made in his favour by the bank.

“In my view, no court should be invited to protect a title whose legality is in question,” said Justice Korir.

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The Judge said although the Minister did not comply with the law before cancelling the title, Ngururi had no valid title deed, which can be protected through judicial review orders he applied for.

The Judge added that the registrar had given Ngururi a chance to explain his side of the story before cancelling the title, but he opted not to use the opportunity.

The Judge further explained it was clear that the entries expunged by the Minister and the Registrar of Titles were surrounded by controversies.

Ngururi had asked the court to quash a decision by the registrar to cancel the title deed.


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