In a significant property fraud case, the Court of Appeal in Mombasa has reinstated the rightful ownership of a Swahili-style permanent house to widow Margret Ali, after it was unlawfully sold to multiple buyers by a man posing as her son. The ruling brings to a close a years-long legal battle that exposed fraudulent land dealings, lack of due diligence by buyers, and the vulnerability of property owners to impostors.
According to court records, the disputed property originally belonged to Ms Ali’s late husband, Patrick Nzuki, who leased the 40×60 plot from Faisal Ali on August 1, 2005, under a “house without land” arrangement. Under this agreement, the late Nzuki paid a premium of Sh380,000, acknowledged by Faisal, and agreed to a monthly rent of Sh300. He was required to build the house within 12 months, and the tenancy terms explicitly stated that the property could not be transferred without written consent.
After Nzuki’s death, a man identified as Jacob Kilonzo Nzuki emerged, falsely claiming to be the couple’s son. Using this false identity, Jacob sold the house to a buyer, Asma Swaleh, on December 16, 2008, for Sh1 million. However, official records from the Registrar of Persons later revealed that the identity card used in the sale did not belong to anyone by that name; in fact, it had been issued to a woman. Ms Ali, who had never heard of Jacob Kilonzo Nzuki, discovered the fraudulent sale only later.
The property changed hands again when Swaleh sold it to Said Abed on February 4, 2010, for Sh3.2 million. However, the appellate judges Justices Agnes Murgor, Kibaya Laibuta, and Ngenye Macharia found that both transactions were invalid because they originated from an impostor who had no legal authority over the property.
The court held that Abed, as the second buyer, had failed to exercise due diligence before purchasing the house. Justice Murgor stated that a simple investigation into the property’s ownership would have revealed that it belonged to the late Nzuki’s estate and that the seller, Asma Swaleh, had acquired it from someone without letters of administration. This meant that neither the impostor nor Swaleh had the legal right to sell the house.
The appellate court declared the initial sale to Asma Ahmed (also referred to as Asma Swaleh) unlawful, invalid, and incapable of passing a good title. Consequently, Abed’s purchase was also null and void, and he could not be considered a bona fide purchaser for value without notice.
By upholding earlier rulings by the Chief Magistrate’s Court and Justice Silas Munyao, the appellate court confirmed that ownership of the property should remain with Ms Ali, the rightful heir to her late husband’s estate. The judgment reinforces the importance of conducting thorough investigations into property ownership and legality before purchase, as well as the need for stronger safeguards to protect rightful owners from fraudsters.
This ruling not only restores justice for a widow who almost lost her home to a fraudster but also sends a clear message to property buyers in Kenya: due diligence is not optional; it is essential to prevent costly legal disputes and protect legitimate property rights.
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