Old land sale, no formal title transfer, decades later the seller’s family sells to someone else who wants you evicted. Sound familiar?
Kenyan courts recognize the doctrine of constructive trust to protect buyers in exactly this situation even against a registered title. The Supreme Court confirmed it in Shah v Mombasa Bricks & Tiles, and courts will look at common intention, detrimental reliance, and fair share. A missing Land Control Board consent won’t kill the claim, and limitation periods don’t apply where fraud is involved.
Equity protects those who paid and possessed, not just those who hold paper.
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