The Court of Appeal has dismissed an appeal by Japhet Noti Charo challenging Kenya Airways’ ownership of a prime parcel of land in Malindi, affirming the airline’s title as valid and indefeasible.
The dispute centred on a plot that Charo claimed was ancestral land lawfully allotted to him in 1998. He accused Kenya Airways of acquiring the property fraudulently, alleging collusion with Ministry of Lands officials.
Kenya Airways, however, maintained that it received a letter of allotment on May 6, 1991, and was issued a title deed on July 15, 1994, making it the lawful proprietor of the land. The airline also alleged that in July 2006, Charo entered the property without consent, taking possession and depriving Kenya Airways of its use and enjoyment.
The case was first heard by the Environment and Land Court (ELC) at Malindi, where the judge ruled in favor of Kenya Airways. The court highlighted that Charo’s title came over a decade after the airline’s, and that allegations of fraud were unproven. Charo’s counterclaim to cancel Kenya Airways’ title was dismissed.
On appeal, Charo argued that the trial judge overlooked evidence of defects in Kenya Airways’ title and contended that a letter addressed to the airline’s Managing Director did not transfer ownership.
The Court of Appeal, in a judgment delivered by Judges Pauline Nyamweya, Kibaya Imaana Laibuta, and Ngenye-Macharia, upheld the lower court’s findings. The court emphasised that allegations of fraud must be strictly proven and that corporate bodies act through their officers, meaning a letter to a managing director does not invalidate corporate ownership.
“The appellant having failed to prove fraud on the appellant’s part, we find no fault in the learned Judge’s finding that the allegations of fraud levelled at the respondent in obtaining its title to the suit property were baseless,” the judgment stated.
The court reiterated that a certificate of title is generally conclusive evidence of ownership unless fraud or misrepresentation is proven. As Charo failed to prove fraud, Kenya Airways’ title remains unshaken and indefeasible.
The appeal was dismissed, and Charo was ordered to bear the costs of the appeal.
