Nabiswa Emmanuel

LL.B Honours|Certified Arbitrator|Patrner at J.W NABISWA & CO ADVOCATES|hopeful Entrepreneur||Manchester United.

[Nabiswa Emmanuel @nabis_]

@ChuksEmma947401 Interested

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🚨🚨 BREAKING: COURT OF APPEAL DECLARES - A TITLE DEED CANNOT DEFEAT A PROVEN TRUST

In Erick Kipkurgat Kiprono v Patrick Kimutai Kiprono, the Court of Appeal has sent shockwaves through land ownership disputes after ordering a registered landowner to surrender half of land he held solely in his name. The dispute traces back to around 2000 when two parties allegedly agreed to jointly purchase 10 acres from Lonrho Agribusiness for KSh 350,000. Because one party worked in Nairobi, the other handled the transaction. The sale agreement expressly stated the purchaser was acting as agent for both and even allocated 5 acres each in the schedule. However, when the title was eventually issued, the entire land was registered in only one name. When the excluded party later demanded his share, the registered owner flatly denied any joint purchase, contribution, or trust.

The Court of Appeal was not convinced. After re-evaluating the evidence, the judges found the intention to jointly own the land was not speculative; it was written into the very sale agreement used to obtain Land Control Board consent. Testimony from the attesting advocate, the vendor’s lawyer, and the vendor’s representative all confirmed the joint purchase. The Court emphasized that a trust will be implied where parties’ intention is clearly established, and that equity will not allow a registered proprietor to approbate and reprobate by relying on the same agreement to obtain title while denying the beneficial interest recorded in it. Crucially, the Court held that the Land Control Act could not be used as an instrument of fraud where consent had already been obtained on the basis of a disclosed joint interest.

For the ordinary mwananchi, this decision is a serious reality check. Many people believe the name on the title deed is the end of the story, it is not. If evidence shows land was bought jointly or one party acted as agent for another, courts can and will slice through the register and enforce a trust. What many are not ready for is this: informal family arrangements, handshake land deals, and “weka kwa jina yako kwanza” transactions are legally dangerous. Going forward, anyone entering joint land purchases must document contributions clearly and align registration with the true intention; because in today’s Kenya, the courts are increasingly willing to look beyond the title and follow the money and the intention.

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[Nabiswa Emmanuel @nabis_]

@AokoOtieno_ Kaaaa

[Nabiswa Emmanuel @nabis_]

Lesedi Character Developers 😆

[Nabiswa Emmanuel @nabis_]

Me and mines na hujafanya DNA

[State House Kenya @StateHouseKenya]

1/2
President Uhuru Kenyatta on Wednesday signed into law six parliamentary bills including Sustainable Water Management Bill, Irrigation (Amendment) and the Public Procurement and Asset Disposal (Amendment) Bill...

[Nabiswa Emmanuel @nabis_]

I disagree with some aspects of the ICT Bill, but at some point that industry will need to be regulated especially with the rise in cyber crime.

[Abu Iman @Mr_Guantai]

I think it is time to amend the Remuneration Order to reflect the current economic times.

[Nabiswa Emmanuel @nabis_]

You choose your brand
Try to change them, fail
Then label them as toxic
🚩🚩🚩

[Adam | YouTube @Adam_DelDuca]

Investing for a better future is top-tier self care

[Kenya Law @MyKenyaLaw]

Did you know that the Refugee Act, No. 13 of 2006 was repealed by Refugee Act, No. 10 of 2021? Check it out here https://t.co/Y71IYpJs60

[Manoti @MwendiaJnr]

Treat inconsistency as unavailability.

[𝐓𝐡𝐞 𝐀𝐫𝐭 𝐨𝐟 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 🇺🇸 @creation247]

Best career advice that I can give:

Find a low-key 9-5 that has the LEAST amount of responsibility. Use the extra time to start a side hustle and scale your business from there. This strategy made me a millionaire.

[Nabiswa Emmanuel @nabis_]

@NCBABankKenya I have experienced the worst possible customer service from your team in the last 24 hours leading to a series of losses.

[Fantasy Premier League @OfficialFPL]

😬 Sissoko is how all 3,772,542 #FPL managers that selected Dennis are feeling right now 😬

#FPL #WATNOR

[Maandamano Hottie 🇵🇸 @_omalicha__]

By the time I get back to work, I’ll have to be taught how to use everything afresh 😂💀

[Nabiswa Emmanuel @nabis_]

@Kelkenya .

[Nabiswa Emmanuel @nabis_]

@KeEquityBank It's back now, thank you.

[Nabiswa Emmanuel @nabis_]

@KeEquityBank Hi, is there an issue with app transactions to M pesa? Plus no agent is picking up for the last 30 minutes.