Can you Trespass on Land if you Hold a Title Deed but Someone Else Claims It?

Swala Nyeti Podcast
Can you Trespass on Land if you Hold a Title Deed but Someone Else Claims It?
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In today’s episode, we discuss what legal options one has in a case where you are accused of trespassing on your own land. This is similar to the recent case of GA Insurance Ltd vs Diku Transporters.

GA insurance Limited claims it purchased a piece of land for Kshs. 92 million originally owned by Sadru Ramjis from Economic Industries. Dikus Transporters claim that they purchased the suit property from Stephen Ndenda in 2020 who had purchased it from the original owners the Sadru Ramjis.

Diku Transporters has a title deed and GA insurance Ltd has a search on the property from the Ministry of Lands, indicating them as the registered land owners.

GA Insurance has accused Dikus Transporters Ltd and Lawyer Stephen Ndenda of using fraudulent titles to lay claim to the suit property currently valued at Kshs. 400 million.

In March, GA Insurance visited the site and found Dikus Transporters director with a group of men who had begun excavating the land preparing it for development. The group allegedly attacked workers of GA Insurance and destroyed building materials valued at Kshs. 675,000. Dikus Transporters also allegedly conspired with City Hall officials to suspend the land rates payment account of GA Insurance.

GA Insurance holds that Dikus Transporters intends to sell the suit property to unsuspecting buyers and has been visiting the suit property with prospective buyers and has moved to court seeking orders to bar Dikus Transporters and Mr. Ndenda from laying claim to the land.

Can one be a trespasser on land if they hold a Title Deed?

Research by Maurine Kerich (maurine@hklaw.co.ke)

Links to the story:

https://www.standardmedia.co.ke/nairobi/article/2001408357/insurance-firm-battling-a-land-grab-case-with-a-city-lawyer

https://www.businessdailyafrica.com/bd/corporate/companies/i-m-bank-d-sh400-million-nairobi-land-dispute-3345502

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