Paid in Full, in Possession, and Protected: The Court of Appeal Affirms That a Constructive Trust Can Defeat a Registered Title
October 2026
The Court of Appeal in Agnes Ngeki Mutie v Jeremiah Kiilu Maitha held that a buyer who pays the full price for agricultural land and takes possession acquires a constructive trust. That trust is an overriding interest that can defeat a title later registered in the vendor's name, even without Land Control Board consent.
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